Posted on: 20th Oct, 2009 09:37 pm
Please help me. I live in California and am going through a divorce. Even though my husband bought the condominium two months before we got married in 2000 and my name is not on the loan or the title, he has agreed to treat this as community property. This is because he does not want the property and is hoping I will assume the loan (he is unemployed).
My husband and I have been working with a mediation attorney to reach a Marital Settlement Agreement, and it made sense to us for me to apply for the loan assumption BEFORE filing the marital settlement agreement with the court and giving my husband the money for his share of the equity. Because what if I gave him the money (approx. $16K) and didn't get the assumption and he refused to give the money back? The lender is Chase, by the way.
When I talk to the Chase Loan Assumption department, they assure me that I don't need a final divorce decree but the loan processor I'm assigned to insists that I do. Out of frustration, I got in touch with my loan processor's supervisor and he basically told me whether or not my assumption will go through without a finalized divorce decree "depends" (on whether there are children, which there are not, among "other things"). I have since gotten a letter from the loan processor saying that if I don't provide certain documents including the divorce decree and evidence that I have paid "the seller" by Nov. 2 my file will not be given further consideration. First of all, even if the Marital Settlement Agreement was signed and filed in court today there is no way it would get court approved by Nov. 2. Secondly, when I talked to the LP about how I should proceed given her advice that "no investor will allow the transfer before your divorce is final" she advised AGAINST paying my almost ex the near $16K yet. Now she's asking for proof that I have? Hello?
The reason I don't just "walk away" is that I'm afraid my husband will then go after me for alimony because he'll be forced to pay the mortgage without a job. If it weren't for that, I would walk away at this point. This is really stressing me out. Let's say I have the attorney file the MSA, the court approves it, I give my almost ex $16K and then I get turned down for a loan assumption? Then what? As it is, if I get turned down, we'll have to spend more money with the attorney to come up with a new agreement. Very frustrating....as if the process of getting a divorce isn't frustrating enough.
Why is my LP making things so difficult? There are no kids involved, I have excellent credit, a good job, a car that's paid for and no debt. This should be easy. Does one's divorce really have to be final in order to assume a loan? What can I do here? Do I even want to be dealing with Chase? Please help...
My husband and I have been working with a mediation attorney to reach a Marital Settlement Agreement, and it made sense to us for me to apply for the loan assumption BEFORE filing the marital settlement agreement with the court and giving my husband the money for his share of the equity. Because what if I gave him the money (approx. $16K) and didn't get the assumption and he refused to give the money back? The lender is Chase, by the way.
When I talk to the Chase Loan Assumption department, they assure me that I don't need a final divorce decree but the loan processor I'm assigned to insists that I do. Out of frustration, I got in touch with my loan processor's supervisor and he basically told me whether or not my assumption will go through without a finalized divorce decree "depends" (on whether there are children, which there are not, among "other things"). I have since gotten a letter from the loan processor saying that if I don't provide certain documents including the divorce decree and evidence that I have paid "the seller" by Nov. 2 my file will not be given further consideration. First of all, even if the Marital Settlement Agreement was signed and filed in court today there is no way it would get court approved by Nov. 2. Secondly, when I talked to the LP about how I should proceed given her advice that "no investor will allow the transfer before your divorce is final" she advised AGAINST paying my almost ex the near $16K yet. Now she's asking for proof that I have? Hello?
The reason I don't just "walk away" is that I'm afraid my husband will then go after me for alimony because he'll be forced to pay the mortgage without a job. If it weren't for that, I would walk away at this point. This is really stressing me out. Let's say I have the attorney file the MSA, the court approves it, I give my almost ex $16K and then I get turned down for a loan assumption? Then what? As it is, if I get turned down, we'll have to spend more money with the attorney to come up with a new agreement. Very frustrating....as if the process of getting a divorce isn't frustrating enough.
Why is my LP making things so difficult? There are no kids involved, I have excellent credit, a good job, a car that's paid for and no debt. This should be easy. Does one's divorce really have to be final in order to assume a loan? What can I do here? Do I even want to be dealing with Chase? Please help...
It is true that without assuming the loan in your name, it won't make sense to give $16K to your would be ex. I think it would be a better option to finalize your divorce and then assume the loan. Once you do that, then you can pay off $16k to your husband as a part of the settlement. You can include a clause in your divorce settlement regarding payments to your husband. This will safeguard you ex-spouse's interest in the property.