I'm on the mortgage with my ex, my name appears there and on a few other papers over the title "borrower" however I found the "NOTE". It's a two page document and although these are not originals and don't have signatures, they have the names typed in where we HAD signed. I am not on that document (the "NOTE".) there is no mention of me on that at all. What does this mean to my attempt to get off the mortgage? Is it possible that I am not financially responsible? Is that document, the "NOTE" that important? Do I have options? I live in New Jersey, on the Jersey Shore in Ocean County to be exact. by os101k_783_564 from Forked River, New Jersey. Oct 25th 2012
Just because your name/signature does not appear on YOUR copy of the note does not mean that you did not sign the original that the bank has. To know for sure, contact them and ask for copies of your NOTE and your Deed of Trust (Some states use a lien document other than a Deed of Trust). Once you get the copies, if your name is not on either, you can ask the bank to remove you from the account and update their reporting to the credit bureaus to remove the account from your profile. For the record, it is highly unlikely for a bank to add someone's name to an account without proper written authorization (like signing the NOTE). The NOTE is the contract. If you signed the NOTE, you are liable and it is highly unlikely the lender will remove your name from the account, even if the divorce decree awards the home and the debt to your ex. You can always ask, but don't be surprised when they tell you NO. If you did sign the NOTE, the only way to get off the loan is to have your ex refinance. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ Licensed in California and Arizona ~ www.LoansA2z.com 888-889-9950
The only way to get off the mortgage is for her to pay off the loan, refinance the loan, or sell the home.. Looking at the deed of trust will show all the parties that are responsible... you can also run your credit.. if the loan shows up on your credit, then more than likely you signed something obligating yourself to the loan... it's possible that there are several copies of the note floating around.. and in some states, there's a separate note for each borrower, rather than just one with everyone's name on it.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com
look at your deed of trust you can probably get it online... the note is the loan papers, how the loan is being paid back, the rate, terms , but look at the deed of trust that is the legal docement that is filed
also , check your divorce papers to see who has the ownership and what they are to with it,, refi within 6 months, and take spouse off,, sell ,, etc
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