Posted on: 31st Mar, 2010 06:26 pm
Ok. So my husband and I bought a house. In TEXAS while we were married.
We divorced SEVERAL years later and I got the house in the divorce. Lock stock and barrel.
He was supposed to provide me with a special warranty deed, which I am still waiting on.
I almost lost this house in for closure and am struggling with the payments (because I am low income, but can't do a loan modification because I am not on the home loan?).
Problems...
1) While I am on the original deed ( with him), the county clerk says that I am not:
I know that I am, because since the divorce I have the original title paperwork.
2) I am a co-borrower of the First time home buyers assistance program in TEXAS (to buy said house):
Again I have the ORIGINAL still in it's spiral binding paperwork?book.
3) Yet I am not on the loan?
The mortgage company would NOT talk to me for 3 months after the divorce until I got the ex to sign a permission slip saying that they could talk to me.
4) I went into forclosure.
My name was posted at the court house as a co-borrower. The loan company's attorney sent me collection letters stating that I was a co-borrower. They accepted my payment to re-instate the loan and again listed me as a borrower.
5) And after I paid ALL of the fees and got the loan re-instated... the mortgage company says that my name on ANYTHING must have been an error and all they can do is tell me the balance due and accept my payments! For an extra $25 for paying by phone since I can't use the computer or get monthly statements.
I am sorry. I know that this is VERY long and drawn out. But I don't know what else to do.
I beg, borrowed and SOLD everything that I owned to pay the re instatement and attorneys fees.
But to make this very clear, I can not afford to pay another attorney ANYTHING.
I am using someone else's computer because I don't pay for internet, or cable. I live off my check and child support which still is so low it qualifies us for food stamps and medicaid for my kids.
I DID ask legal aid for help. First they could not help me because I was not in Forclosure. Then they couldn't help me because the forclosure wasn't in my name.
I don't know what else to do.
We divorced SEVERAL years later and I got the house in the divorce. Lock stock and barrel.
He was supposed to provide me with a special warranty deed, which I am still waiting on.
I almost lost this house in for closure and am struggling with the payments (because I am low income, but can't do a loan modification because I am not on the home loan?).
Problems...
1) While I am on the original deed ( with him), the county clerk says that I am not:
I know that I am, because since the divorce I have the original title paperwork.
2) I am a co-borrower of the First time home buyers assistance program in TEXAS (to buy said house):
Again I have the ORIGINAL still in it's spiral binding paperwork?book.
3) Yet I am not on the loan?
The mortgage company would NOT talk to me for 3 months after the divorce until I got the ex to sign a permission slip saying that they could talk to me.
4) I went into forclosure.
My name was posted at the court house as a co-borrower. The loan company's attorney sent me collection letters stating that I was a co-borrower. They accepted my payment to re-instate the loan and again listed me as a borrower.
5) And after I paid ALL of the fees and got the loan re-instated... the mortgage company says that my name on ANYTHING must have been an error and all they can do is tell me the balance due and accept my payments! For an extra $25 for paying by phone since I can't use the computer or get monthly statements.
I am sorry. I know that this is VERY long and drawn out. But I don't know what else to do.
I beg, borrowed and SOLD everything that I owned to pay the re instatement and attorneys fees.
But to make this very clear, I can not afford to pay another attorney ANYTHING.
I am using someone else's computer because I don't pay for internet, or cable. I live off my check and child support which still is so low it qualifies us for food stamps and medicaid for my kids.
I DID ask legal aid for help. First they could not help me because I was not in Forclosure. Then they couldn't help me because the forclosure wasn't in my name.
I don't know what else to do.
Hi jd!
Welcome to forums!
If your name is not on the mortgage documents, then the lender will not consider your request for a modification. I would suggest you to check out the loan docs and see if you are on it. If both you and your ex-husband are on the mortgage docs, then both of you will have to sign the loan modification papers.
I would suggest you to go through the property and mortgage docs thoroughly. You can ask your husband to sign over the property to you immediately so that you become the owner of the property. As far as the loan is concerned, you can ask your ex-husband to sign the required documents so that you're able to get the modification.
Sussane
Welcome to forums!
If your name is not on the mortgage documents, then the lender will not consider your request for a modification. I would suggest you to check out the loan docs and see if you are on it. If both you and your ex-husband are on the mortgage docs, then both of you will have to sign the loan modification papers.
I would suggest you to go through the property and mortgage docs thoroughly. You can ask your husband to sign over the property to you immediately so that you become the owner of the property. As far as the loan is concerned, you can ask your ex-husband to sign the required documents so that you're able to get the modification.
Sussane