Posted on: 19th Jan, 2009 05:54 pm
how did ex husband get name off mortgage without me refinancing?...I got the marital home in the divorce. The deed was in both our names. My ex signed over the deed to me so that his name is no longer on it. There was an existing mortgage on the home at time of divorce and still, 11 years later. I was paying the mortgage after the divorce and still am, but I NEVER refinanced it. One day I noticed that his name had been taken off the mortgage and I had been assigned a new mortgage loan number in my name alone. How was this done? And, was it legal for him and the bank to do this without either ever notifying me?? He was the primary signer of the mortgage while we were still married and it was based on his income. I did not work and still do not.
I have similar situation as Penny. What is an Assumption versus Refi?
my ex called after 10 years from our divorce and says that he is going to prosecute me for not having his name removed from a 5000.00 loan that we both took out before the divorce. I filed bankruptcy in 2008 and hie namestayed on the debt and he says that now he is unable to refi his house.. can he prosecute me ?
Hi debra,
If it was mentioned in your divorce decree that you're liable for the refinancing the debt in order to remove your ex, then he may prosecute you for not doing so.
Thanks
If it was mentioned in your divorce decree that you're liable for the refinancing the debt in order to remove your ex, then he may prosecute you for not doing so.
Thanks
We will be getting a divorce this summer. I want to keep the house, I beleave there is a way to get the payment lowered ? He would agree to this.
Hi Mary!
Welcome to forums!
You can refinance your mortgage and take advantage of the lower rates available in the market. This will help you in lowering your payments.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You can refinance your mortgage and take advantage of the lower rates available in the market. This will help you in lowering your payments.
Feel free to ask if you've further queries.
Sussane
Is this also possible with bad credit. We are waiting to get on the Obhma plan . We don't know if we will get this. Iam very scared of the future. I need to keep the house. Thank you for your help.
Welcome Mary,
Even with a bad credit, you can apply for Obama's loan modification program. You should contact your lender and check out if he participates in that program. If yes, then you can apply for a mortgage modification with your lender.
Even with a bad credit, you can apply for Obama's loan modification program. You should contact your lender and check out if he participates in that program. If yes, then you can apply for a mortgage modification with your lender.
I too am in the same boat. When I finalized my divorce, I was to get HER name off the rental house I NOW live in! But due to the fact she racked up all of my credit cards, I now have HORRIBLE credit and cant re-fi! She is threatening to sue. Can the judge put me under the bridge? Or can there be extenuating circumstances. Like I just lost my job! Because thats where I am headed. or is there ANY alternative to get her &ss off of the note. She is NOT on the deed and never was! She also lives in one state, and I live in another now. Note to everyone. When the money runs out .SO DO THEY!
I am about to divorce my husband we have no children but a house in our names and I would just like my name off the house how do I go about doing that
Hi Guest,
It will be the judge's discretion as to what judgment he will give you in case of a refinance. You will have to inform the judge about your situation and ask him to consider your situation and give a judgment in your favor.
To Andrea,
You will have to sign a quitclaim deed in order to remove your name from the property deed.
Take care.
It will be the judge's discretion as to what judgment he will give you in case of a refinance. You will have to inform the judge about your situation and ask him to consider your situation and give a judgment in your favor.
To Andrea,
You will have to sign a quitclaim deed in order to remove your name from the property deed.
Take care.
My husband and I split up. We have not filed for divorce. We have both been fair with each other. I got the house, he got the 401. He signed a quitclaim over to me. My daughter and her husband have been living with me and I want them to to take over house with me still on the deed. Can we do this with a refinance or do they have to buy it from me? And does the ex have to be involved with this since he is on the mortgage loan but not on the deed anymore? He lives in another state now and i don't want to bother him with this. Thank you for reply
Hi DSM,
Your daughter and her husband can refinance the mortgage in their names in order to get the mortgage transferred to themselves. If their name is mentioned on the property deed, then they won't have to buy the property from you. Your ex won't be involved in this process.
Thanks
Your daughter and her husband can refinance the mortgage in their names in order to get the mortgage transferred to themselves. If their name is mentioned on the property deed, then they won't have to buy the property from you. Your ex won't be involved in this process.
Thanks
All of this can be quickly cured. Someone refuses to remove your name from a mortgage. And will not refinance... Sadly you need to get a court order to force them to relinquish the house back to the bank, so sad to bad. Theres nothing nice about this. People can't refinance and if they can't stay up with payments it's destroying your credit anyways. Give the house back and suffer the consequences. Were in this mess right now. we have no options or choices. A refinance would make things way easier on us but our credit is in the toilet and we only have one income. It would get his ex off us and we could stay in our home. But in the end we all get to lose.
For one be very careful with these so called modifications, they take a long time and in the end can be a huge heart break. Please study all you can about them before you jump in. I have read many cases where people got into nightmares with these.
Also a judge can try and tell someone to refinance but if they have already tried or have poor credit the judgment will be to relinquish the house to the bank. Then a whole other mess begins, until the house sells they want money and you both get to pay. If a person cant buy a house them self then dont buy, its too heart breaking and a financial nightmare.
Also a judge can try and tell someone to refinance but if they have already tried or have poor credit the judgment will be to relinquish the house to the bank. Then a whole other mess begins, until the house sells they want money and you both get to pay. If a person cant buy a house them self then dont buy, its too heart breaking and a financial nightmare.