I received the following email from Jill Kraft, apparently in a moment of self veneration.

SUBJECT: Please shut up

Message from kraft27773@mypacks.net
I don't doubt that you believe you know what you're talking about, as all "relators" with a 60 hour education do...do all of us a favor and educate yourself. You give everyone in the business a bad name.


Jill,

OK, I am not sure why my post dated 12 FEB2008 required such venom, but please allow me to um...Un Shut Up.

First of all, you are incorrect in your post. Not all property is transferred via deed. Second, we are REALTORS®. Read your own COE. Lastly, it may be my various degrees, my years if investigative work for the government, my vast experience as an expert court witness. The fact that I have served on the Board of REALTORS® for several years, my status as a FAR director, or possibly my experience in several countries under a helmet and behind a rifle in service of this nation that makes me feel superior to some. Or it may just be that I continue to meet morons like you that make me feel gifted.

At any rate, my comments don't warrant your email and therefore you have been ousted as the cretin and coward you are. Thank-you for brightening my Veterans Day.



Gary De Pury
Broker~Owner
Bay Vista Realty
Tampa, Florida
Chairman, Communications Committee
Greater Tampa Association of REALTORS®
Director, Florida Association of REALTORS®

My apologies, but must reply to the Texan saying it is a "Deed State". For Christ's sake all propery is transferred via a "Deed". What they should have said was a "DOWER STATE". Is ignorance really curable? Yes, but stupidity IS NOT.

Good God! The second response is the only legitimate response. A Quit Claim Deed only releases your interest in a property. IF YOU ARE ON THE MORTGAGE you MUST refinance AND get a quit claim deed if you are in a dower interest state. Simplified: if you both used your income/jobs to qualify for the loan, and both are listed on the mortgage documents, you cannot simply "write yourself off the loan" with a quit claim deed!!!!!!!! No wonder our industry is in such terrible shape...educate yourselves people!

Be careful of your answers. Florida is a Deed state, meaning the DEED is created just after closing. Texas has different laws. The bottom line is that the Mortgage, once paid, ceases to exist. It is only security for the NOTE. So the Deed should be issued to the sole owner of the property. If your Practice Husband "QUIT HIS CLAIM" to the home, and that deed (Quit Claim Deed) is on record, then you should be able to move forward. I would invest a few hundred dollars in a Real Estate Attorney for a true legal opinion, because if the bank misses the mark, you will be spending thousands to fix it. Once his name IS on the deed, he could potentially own 1/2 of the house.

Good luck and contact an attorney. That is what I would do.

A quit claim deed is only for title!! NOT your mortgage. You need to refi into your name. Some lenders don't charge for a refi when you're a present customer. The only way to get him off your mortgage is to refinance. This is because the lender needs to know you qualify to pay the loan on your own. They won't take him off just because there was a divirce and you got the house. A real estate attorney will take your money, however, they aren't the ones that take his name off the mortgage. Go directly to the lender for a refi. I wish it was more simple! Good luck!

Hi Tammy,

Your ex husband should have signed a "quit claim deed" at the time of your divorce--that wouldn't remove him from the mortgage. If the property is still in both names maybe you can contact the attorney who handled your divorce.....he may have the original or a certified copy which can be recorded. He shouldn't charge any more money for this.

I hope this information is helpful to you.

Sincerely,
Danelle Feigenbaum
Associate Broker/Realtor
Century 21 Abrams, Hutchinson & Associates

Tammy,

" I was awarded the house in the divorce." ..... let me guess, by a divorce attorney via the court.

Divorce attorneys handle divorce cases, criminal attorneys handle criminal cases, malpractice attorneys handle malpractice cases, etc etc ... in this case, you're going to need a savvy Real Estate Attorney that knows what he's doing.

Just because their office window says "attorney" doesn't mean they know what their doing .... the best criminal attorneys always have a real estate attorney watching their back.


Good luck.

Hi Tammy. As someone that's in the mortgage industry, I can tell you the only way to remove your ex-husband from the mortgage is to refinance. You can remove him from the deed by doing a quit claim(he would have to sign it so don't think you can do it without him knowing), but that doesn't change anything regarding the mortgage. If you have any questions, please don't hesitate to ask.

Hi Tammy,

You should contact a Real Estate Attorney who practices in the state you live in to make sure all of your bases are covered. My understanding is, from what I've dealt with here in Ohio, at the time of the divorce a "Quit-Claim Deed" is prepared by an Attorney and one party deeds their interests over to the party who is awarded the real estate. I've seen divorce decrees that order the party to refinance the mortgage, in their name only, thereby releasing the other party of their obligations. Usually their is a certain time period do have the home refinanced. As far as I know, that is the only way to remove someone from a mortgage. You should talk to your mortgage company. My concern is that you are almost finished paying for the home, and there will be closing costs involved in refinancing. How close are you to paying off the home?

I really would contact a Real Estate Attorney and get a legal opinion. Congratulations on getting your home paid off. Best of luck - keep us informed.