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removing ex spouse from mortgage

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Icon Mini Profile sheteaches





Joined: 07 Sep 2010

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Post Posted: Tue Sep 07, 2010 5:31 pm    Post subject: removing ex spouse from mortgage
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My divorce decree states that I can keep the house if I remove my former husband's name from the mortgage. During the year long divorce procedure, I was approved for the Obama Home Remodification program. Now I can afford to continue to pay the mortgage and stay in the house. The bank says that since it's a "remodification" and not a "refinance", they can't change the name holders of the mortgage - my name and my ex's.
What can I do to remove his name from the mortgage since my application for the home remodification was approved solely on my income only. According to the divorce decree, if I don't remove his name and liability from the mortgage, I will be forced to sell the house. This home has been modified for my handicapped daughter with whom I have 100% physical custody of.
Please help me.
Thank you.
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

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Location: Nevada
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Post Posted: Tue Sep 07, 2010 9:12 pm    Post subject:
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Hi sheteaches,

Unless you refinance the mortgage, you won't be able to remove your former husband's name from the mortgage docs. A modification will not help you in removing your former husband's name from the loan docs. You should negotiate with your former husband so that he doesn't force you to sell off the property.

Thanks
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Post Posted: Wed Sep 08, 2010 5:44 am    Post subject: removing ex spouse from mortgage
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If my ex-husband files bankruptcy, can they take my house away even though he hasn't paid any part of the mortgage in 2 years, but his name remains on the mortgage?
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Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

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Post Posted: Wed Sep 08, 2010 11:15 pm    Post subject:
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Hi Guest!

Welcome to forums!

If your husband has included the property and the mortgage in his bankruptcy filing, then the lender can sell it off to pay his creditors. However, if the property deed has your name, then you will get your share of the money from the sale proceeds.

Feel free to ask if you've further queries.

Sussane
nila farnell

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Post Posted: Mon Sep 13, 2010 11:17 am    Post subject: divorce
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wife paying bills alone need husband name off mortage but donnot know where he is what to do
Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

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Location: Alaska
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Post Posted: Mon Sep 13, 2010 11:46 pm    Post subject:
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Hi nila!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/know-how/loan-modification-16.html#182084

Take a look at it. Hope it helps you.

Sussane
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