Part of the equitable distribution is that my ex-husband gets the house and I am to sign a quit-claim. I have no problem with this. I don’t want anything to do with that house. I am on only as an owner, not on the mortgage (deed only). However, I continually (probably every 6 months) receive notification that they’re going to foreclose on the house (now, mind you, this has been going on probably for a couple of years). My assumption is that he gets these papers, works with the finance company to make payments and the foreclosure is called off. Then maybe he gets behind again, foreclosure process starts again and I start getting these papers. It’s just getting old.
My question is two fold.
1: Can I draw up the quit-claim paperwork myself, get him to sign it, notarize it and file it with the courts? Is this legally binding?
2: If for some reason the foreclosure goes through 100% and they foreclose on the house, even though the equitable distribution papers state that my name is to be OFF of the house, how does that affect me when I’m only on the deed but not on the mortgage/financials?