Legal Question in Real Estate Law in Virginia
Having a name removed from a mortgage
My fiance's ex-wife's name is still on the mortgage that he has been paying. (They've been divorced 2 years)According to the property settlement, the house is his. However, her name has never been removed. What needs to be done and how much would something like this cost?
2 Answers from Attorneys
Re: Having a name removed from a mortgage
There are two steps here. Removal from title and removal from the mortgage obligation. The property settlement agreement provides for title to pass from your fiance & ex-wife to fiance. This can be done by a deed and is uncomplicated. To be removed from the mortgage, requires the lender's approval or a refinancing of the property. Depending on your fiance's credit worthiness and the property value, this can also be done at a reasonable cost and promptly.
Robert J. Strupp
Attorney at Law, PLC
Re: Having a name removed from a mortgage
Your fiance needs to refinance the mortgage on the property in his name only, the cost of which should be quite moderate at this particular time.