Originally Posted by Smells
my ex-wife.

In the divorce settlement I was awarded the house. I'm being told by the mortgage company that I can't have her name removed from the mortgage, deed, etc. without a refi which I don't want to do at this time.

I am asking a serious question from anyone who actually knows something about it, i.e. a lawyer, judge, seller of mortgages, etc.

Am I being told the truth? How do I simply get her name erased from everything without having to refi?

The response I should have gotten from the mortgage company is "Oh you got divorced and the house was assigned to you Mr. Smells? Very good just prove that with the proper documentation and we will handle the rest!" I think they are just trying to sell me a new mortgage and I wonder about the legality of what I'm being told. She never would say it was required by law only that it was required by company policy. How does company policy override the sovereign decree of the State of Alabama?

If it turns out that that's just the way it is then so be it but I'm cynical and skeptical by nature and no mortgage lender is going to miss an opportunity to make a buck. I can't blame them for that because that's why they are in business but if it turns out they are lying to me, well that's a whole different thing.

Please advise with actual knowledge if you possess it.



Look on the bright side. If something tragic were to happen to you and you were unable to pay the mortgage payments, she would then be stuck with it. grin Actually, I'd think it would be tough for her to get out of it at that point without a lot of legal wrangling.


Lord, please help us get our nation straightened out.