Legal Question in Real Estate Law in Illinois

Re: partition lawsuit

Hello. You should contact

the mortgage co. to see what

they would require, under

the circumstances, to have

your name removed from the

mortgage. Also, you may

want to talk to your ex-girl

friend about refinancing the

mortgage.

Re: partition lawsuit

I see from you subject line you have discussed the possibility of a partition action. Unfortunately, since you have already quit claimed the property this is no longer an option. By giving her the quit claim deed, you gave up all ownership in the property. You are however, still obligated on the date secured by the mortgage.

It is possible the mortgage company would let you off the hook, but probably unlikely. Why would they want to release someone from a financial liability?

Your best bet is to beg, plead, and cajole your ex into refinancing. Good luck.

Re: partition lawsuit

You really have a sticky problem, complicated by the fact that you gave up your practical leverage by giving your ex-girlfriend a Quit Claim Deed. I would find it unlikely that the mortgage company would give you a Release on the mortgage that you signed, since it would make their interest unsalable in the mortgage market. So, if your ex won't voluntarily re-finance the mortgage, then the trick is to find a big hammer. That big hammer might be a bankruptcy action if your financials were right, as in a bankruptcy action, the order of a federal bankruptcy judge would discharge you from the mortgage obligation. Good luck!