I need help

I need help snoopy: Monday will be my final court hearing for a divorce that has been going on for three years.  I'm dealing with a situation that I need some help with.  When this all started I wanted off of the mortgage so I would not be held financially responsible.  Come to find out my soon to be ex would need to refinance to have my name removed.  It wasn't until this past November that he decided to refinance.  At the time of closing I told him that I should be receiving a check within three days to reimburse me for the down payment.  He said I would not be given that until the divorce was final.  I refused to sign the quit-claim deed.  It was my understanding that he would not be able to refinance unless I had signed the quit claim deed since the original mortgage was in both of our names.  Come to find out he did refinance...I obtained a copy of the pay-off mortgage and a copy of the new mortgage that was written in his name only.  Can someone please explain to me...could he have refinanced legally without me signing the quit claim deed to the original mortgage?

Any information would be greatly appreciated!!!!  Thanks!


Re: I need help Lumpy:   To the best of my knowledge this is illegal (In California at least) Have you talked to the mortgage company? I'm guessing he pushed this through under false pretenses. If he told them that the house was his free and clear I'm willing to bet they would be interested in finding that out. I'd get a lawyer.
Re: I need help sheeps: The financing and the deed of trust are two separate documents. It may be possible for you to be a joint-tenancy deed holder but not a borrower on the mortgage.

Check it out with a lawyer.

Re: I need help resengen: My wife and I went through this.  I signed the quickclaim deed and a property settlement agreement.  That settlement agreement garenteed my my money.  I basically signed over the house to her in exchange for money.  Nothing near what I could have gotten.  But like you I wanted off the house so I didnt have to pay the mortgage or be responsible for house repairs.  I got the check a couple of weeks after she closed on the new mortage.  And got a copy of the morgage satisfaction note.  She could not have done that with out my signiture.  I also had to have it noterized. 
Re: I need help resengen: Oh and as a matter of fact when they did refinance they had to get me on the phone to do a verbal autherazation.  Just so they knew I was on board with it.  THe loan company did thay.