Posted on: 03rd Feb, 2011 09:50 am
my name was on the original mortgage only. divorce was final 1 year before equitable distribution occurred. during ed, ex spouse got home with stipulation to refinance in her name solely and i was to quit claim to her which i did.
2 weeks after the ed order was given she applied for (i think online, using my name) and received a loan modification to the original loan. additionally she added 10,000 more dollars to the mortgage. i found out accidentally by pulling a credit report for myself and saw the changed balance.
i contacted the mortgage company and they emailed me the agreement. all paperwork is made out to me in my name, but the only signature anywhere is her name. the modification went into effect 2 months later and is already in arrears.
since her name is the only one on these papers am i responsible for this mortgage now? was this legal. when i spoke to the mortgage company i let them know i was unaware of any of this and they were not very happy. what happens now?
2 weeks after the ed order was given she applied for (i think online, using my name) and received a loan modification to the original loan. additionally she added 10,000 more dollars to the mortgage. i found out accidentally by pulling a credit report for myself and saw the changed balance.
i contacted the mortgage company and they emailed me the agreement. all paperwork is made out to me in my name, but the only signature anywhere is her name. the modification went into effect 2 months later and is already in arrears.
since her name is the only one on these papers am i responsible for this mortgage now? was this legal. when i spoke to the mortgage company i let them know i was unaware of any of this and they were not very happy. what happens now?
Hi upmhal,
A loan modification will not remove your name from the mortgage. That is the reason why the loan is still mentioned in your credit report. Unless your ex refinances the mortgage in her name, you'll remain liable for the mortgage payments.
Thanks
A loan modification will not remove your name from the mortgage. That is the reason why the loan is still mentioned in your credit report. Unless your ex refinances the mortgage in her name, you'll remain liable for the mortgage payments.
Thanks
Thanks Sam,
Attorney has been retained. His opinion is- it was illegal on her part, and grossly negligent on the part of the company (Nationstar)
I was aware it would not remove my name from original loan- but he says it depends on "language" of mod agreement whether it replaces original or not. There is also questions of supporting documentation for this modification and the fact that the docs may constitute id theft.. Let you know outcome. Thanks again
Attorney has been retained. His opinion is- it was illegal on her part, and grossly negligent on the part of the company (Nationstar)
I was aware it would not remove my name from original loan- but he says it depends on "language" of mod agreement whether it replaces original or not. There is also questions of supporting documentation for this modification and the fact that the docs may constitute id theft.. Let you know outcome. Thanks again