Legal Question in Credit and Debt Law in Tennessee

Unless the mortgage company was a party to the divorce proceedings; i.e., it was also sued as a party-defendant in the divorce, that institution has no obligation of any sort to remove your name from the mortgage loan. Likewise, it would appear that your former wife is also somewhat "stuck" in that even though she may have been ordered to have your name removed from the mortgage, she cannot do so unless the mortgage company is willing to voluntarily remove your name.

With respect to the mortgage company refusing to remove your name from the mortgage, unless they were a party to the divorce there is nothing you can do to force them to delete or remove your name. Of a somewhat similar nature, you could go back to your divorce lawyer to see about possibly having your former wife held in contempt of court for her failure to have your name removed from the mortage, but that sort of action would most likely be a waste of time and money. All she would have to do would be to show to the divorce court that she did everything possible to have your name removed from the mortage but the financial institution refused to make the change. Her defense would then be "impossibility of performance" and she would then prevail.

Your only viable option would be to try to negotiate some sort of arrangement with the mortgage company whereby they would remove your name, but once again, that would be strictly a voluntary action on the mortgage company's behalf. The essential question would be what benefit would the mortgage company receive by removing your name from the obligation? Basically, why should they remove your name from the mortgage obligation? Should your ex-wife default, with you still on the loan, they could then look to you for payment. Otherwise, if they release you from the obligation and your former wife should then default, the mortgage company have no one else to look to for payment.