Remove contents in the Mortgage Deed

Aug 6th, 2022
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How to remove contents in the Mortgage Deed

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hi Chris Waterman here the Denver mortgage guy I want to talk to anybody whos going through divorce right now or you recently been through a divorce and and youre keeping your home or youre coming off your current marital home and maybe your ex is keeping the home or maybe youre keeping the home and you want to have some stability for your kids who are going to school one of the questions we get all the time is how do you get your ex off the loan and off the title maybe like I said maybe youre coming off the loan maybe youre coming off the deed or title the property or youre keeping the house and you want your extra soon to be X to come off the mortgage you dont want them on the mortgage with you and you dont dont want them on the deed or the title of the property right well youve heard this term before quit claim deed or warranty deed and thats a way to get somebody off the title or off the deed or the property but its not a way to get somebody off the mortgage the only w

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If the seller is divorced and the deed still includes the spouses name, a quitclaim deed will need to be filed to remove the spouses name and clear the cloud.
There are no tax consequences from removing your name from the deed; however, there can be mortgage consequences. Removing your name from the deed does NOT release you from the payments on the mortgage. You will still be responsible to pay the mortgage on time every month.
So in summary, there are three ways to remove your name from the obligation of a mortgage debt. Co-owner refinances after quit claim deed. Sell the property and pay off or settle mortgage debt. Quit claim house to co-owner and file bankruptcy.
Note: The county clerk will charge a recording fee, usually about $30 to $40, to file the deed. Keep in mind, the county clerk typically does not accept a personal check. Most recording offices will accept cash, a certified check or a money order.
A quitclaim deed is generally used to clear some cloud on the title. A cloud on the title is some minor defect in the title which needs to be removed in order to perfect the title.
A cloud on title is a claim or encumbrance that affects the ownership of a property and can potentially discourage future parties from purchasing it. These claims or encumbrances can arise from easements or mortgages on the land, or they can arise from a defect in a deed or a lien that may yield title to a third party.
Properties with cloudy title records may deny title insurance. Additionally, mortgage lenders will halt the lending process until the title issues are resolved.
Clouds on the title are resolved by initiating a quitclaim deed, which releases a persons interest in a property without stating the nature of the persons interests.

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