Consumer complaint received 2018-01-10
Company: TD BANK US HOLDING COMPANY
State: NJ
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
I was instructed that, in order to remove my name from a joint mortgage, to get a quitclaim deed. Then the mortgage holder would be required, as per the Garn-St. Germain Act of XXXX and the Dodd-Frank Wall Street Reform and Consumer Protection Act, to remove my name from the mortgage. TD Bank, the mortgage holder has refused to do this. My landlord is selling and I must leave my current rental unit this summer ( XX/XX/XXXX ). I can buy a house for lower monthly payments than renting. But TD Bank wo n't take my name off the mortgage. Below is a detailed description : My husband and I have been legally separated for almost XXXX XXXX XXXX XXXX  years : My husband lives in the house and pays the mortgage. In approximately XX/XX/XXXX, he fell behind in the mortgage payments. So, TD Bank gave us a loan modification, making it a 40-year mortgage. The monthly payments were lowered significantly so my husband could afford the payments. 
Over XX/XX/XXXX, I have been trying to have my name removed from that mortgage. My name was removed from the deed. I called TD Bank and was instructed to fax the quitclaim to them. On XX/XX/XXXX, I faxed the quitclaim from my local TD Bank branch to the mortgage department. I waited, but never heard from them. When I called them, they said they never received the fax. I faxed the quitclaim again on XX/XX/XXXX from my local XXXX store. I waited a few days and called them on XX/XX/XXXX. They said they never received that fax either. I inquired further about having my name removed from the mortgage. I was repeatedly told that the only way to have my name removed from the mortgage was by death or by refinancing. I told them that the Garn-St. Germaine Act/Dodd-Frank Wall Street Reform and Consumer Protection Act says that if I do a quitclaim, they must remove my name from that mortgage without refinancing. They insisted that that was not the case. From speaking to numerous people in the mortgage loan department at TD Bank, I learned that if my husband refinances, that TD Bank no longer offers 40-year mortgages. He will have to refinance doing a 30-year mortgage. He can not afford the payments on a 30-year mortgage. So he can not refinance. So we are stuck in a 40-year mortgage. This is VERY unfair. 
I made my final call to TD Bank on XX/XX/XXXX,  asking to speak to a special loans supervisor in the office of the president of TD Bank. I was referred to a supervisor named XXXX XXXX, who refused to let me talk to anyone higher than he. I went over everything with him that I wrote above just for the record. He verified all of the above. I said that I was now going to have to report TD Bank to the Consumer Finance Protection Bureau and that I was now going to have to contact my Senator ( which I am about to do ). XXXX XXXX finally said he would take my name and number, which I gave him, and would have his supervisor call me back. She never called me back. 
Can you help me get my name off the joint mortgage as per the laws stated above?

Company response to consumer: Closed with explanation