About Eric Sexton Expertise All aspects of buying and selling homes including: General real estate questions, Contracts, Negotiations, surveys, title work and general questions about mortgages. I CAN NOT GIVE LEGAL ADVICE AND WILL NOT BE ABLE TO ANSWER QUESTIONS WHERE LEGAL ADVICE IS NECESSARY.
Experience
I have been a real estate agent for 6 years and a broker for 2 years.
Organizations National Association of REALTORS and Texas Association of REALTORS.
Expert: Eric Sexton Date: 8/3/2007 Subject: What is deed of trust?
Question In Texas My x-wife and I mortgaged a home and it was awarded to her by deed of trust in the divorce. She did not refinance the home, and needs to sell quick before her foreclosure date. Will I need to sign the sale papers since I am still on the loan, or will the Deed of Trust be sufficient enough for her to sign alone. I am the primary.
Answer Selma,
If the deed was property executed at your divorce, you should not need to sign at closing.
I would go to a local title company and show them your divorce papers. Quite often attorneys use a Quit Claim deed during divorce proceedings. Title companies in Texas will not accept such a deed. The title company can review the papers and tell you exactly what needs to happen.
