Pre-foreclosure help

by Charlotte Jefferson
(Farmington, N.M., U.S.A.)

What about Quit Claim form? What does that actually mean? I'm asking because i tried everything i could to do the loan modification myself since my ex doesn't live with us anymore and the mortgage people told me that since my ex has his name on the mortgage he would have to sign a quit claim form in order to get his name off of the mortgage which also makes way for me to modify the loan myself BUT i did send the quit claim form to my ex and he will not sign it and send it back in to our mortgage company. So, therefore now i am upside down on my mortgage and am about to lose my house. help? please...with some answers as to what i should do?

Mortgage Loan Modification Answer:


You need to consult with a loan modification professional who has dealt with your similar situation. There is no charge or obligation to sign up for their services, so you have everything to gain and nothing to lose by making an inquiry as to how this type of situation has been dealt with in the past and what solutions are available for you.

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All the best to you.


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Feb 19, 2011
Pre-foreclosure help
by: Dean

The quit claim deed simply means that the ex-spouse gives up any claim to future interest in the real estate. It does not remove him from the mortgage. Now if it is presented to him that his signing the Quit Claim will allow you to modify and the mortgage company agrees to remove him from the mortgage he should sign. However, I have that would not be the usual process for the bank. They like to keep as many on the hook as they can.

The only other way is to go back to court and get the divorce decree modified or get the judge to order him to co-operate. I did have this happen on one of the modifications I worked on and the judge ordered the ex-spouse to sign the necessary documents to modify.

Bottom line is you need a professional to navigate this.

Dean Eshelman, CPA, CDPE, HRC, IRES
St Louis

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