Legal Question in Real Estate Law in Texas

My husband divorced in 2002. According to the divorce decree, he received money for his portion of the house. He did sign paperwork to release him from payment on the house. Now that is is 8 years later, his name is still on the house note held by the mortgage company. The ex wife has made no effort to have his name removed and the mortgage company has him as a someone who would be responsible for payment if she defaults. With his name on the house note, he is not able to get credit extended to him, even small ones. What is needed to remove his name from the house note?


Asked on 4/26/10, 10:45 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

No one can "get a name removed" from a debt obligation. The lender will require paymen in full before a release is issued. Ex will need to re-finance whcih may or may not be possible.

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Answered on 5/02/10, 7:50 am


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