can he do this? I spoke to the mortgage company and they said no way. I had to sign off on the mortgage as well. But somehow he did it..possibly forging my signature. The release of the mortgage is filed at the courthouse..my name is on it but it doesn't show signatures at all. by abbycatt524 from Neenah, Wisconsin. Jun 29th 2014
If you were on the mortgage and title, you would have had to sign off on the sale of the home. I would check with the title company that closed the sale to obtain a copy of the hud-1 settlement statement. That will show the buyer/s sellers and all signatures.
General rule of thumb with a married couple - it takes one to buy and two to sell. You should definitely look into this to see what happened.
If you were not on the title (deed) to the property I don't see any restriction to him selling as you were not technically an "owner" and the existing mortgage holder would simply be accepting the pay off of the mortgage. If you were not on the title/deed there likely was not any paperwork you'd need to sign at the closing. If you have concerns check with a local real estate attorney or title company. If you were owed anything under the terms of your divorce that is a separate issue.
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