Posted on: 17th Oct, 2009 08:23 am
My husband bought a home 2 years ago in California before we were married. I am not on the loan and was never added to the title. Recently he was incarcerated, the mortgage is about 12 months past due (to my surprise), and I have a sale date for next month. I have the paperwork ready to do a short sale if necessary, but I wanted to keep my house! I know that I can modify his loan with my income, but my question is should I quit claim and add my name to the title (Are there any repercussions if the home forecloses?) or if he gives me power of attorney will that give me the right to modify his loan? I am trying to exhaust all my options before I give up my home!
i would certainly think that power of attorney will do the trick as far as modification. you cannot do anything that would benefit yourself to his detriment, of course, but this would be a positive step. you ought to check with your attorney, of course, for all legal matters.
The power attorney can be very specific to accoutns and transcations, so make sure it covers this loan account
