Refinincing

Guest 0.10 Dollars($)

My now husband and his ex-wife are still on a joint mortgage. We found out today he's approved for another mortgage, but the interest rate is very high due to the fact He's name is on another mortgage. His ex doesn't want to refinance (and is being waht you may call "disagreeable"). Is there any way he can remove his name from the loan (as he is the primary barrower), by forcing her to refinance under her name alone? It is stated on the divorce agreement that she would assume the payments and grees to pay the balance.

jayboltz · Posted: Thu Dec 13, 2007 3:20 pm Post subject: Refinance Current Loan

I would think it would be in the best interest of the ex-wife to have the current loan refinanced to a lower rate, lowering the monthly payment for her, since she is the one assuming the payments

jenkin7 · Joined: 04 Jun 2007 Posts: 939 140.80 Dollars($)

Hello New Mom,

I have already replied to a similar query here at http://www.mortgagefit.com/refinance/jointloan-afterdivorce.html
Kindly have a look at it.

evolovik26 · Posted: Fri Dec 14, 2007 10:23 am Post subject:

Best talk to a divorse attourney

gmakerley · Posted: Fri Dec 14, 2007 10:41 am Post subject:

banker0679 · Posted: Sun Dec 16, 2007 11:35 am Post subject:

if it's in the divorce agreement that she needs to refinance...then he can take her to court..and sue her for failing to obey a court order

gmakerley · Posted: Mon Dec 17, 2007 9:29 am Post subject:

wow again

new mom said "it is stated on the divorce agreement that she would assume the payments and agrees to pay the balance."

nowhere in that statement do i see that there was a stipulation to refinance.
why does everyone assume that this woman (the ex-wife) can be "made to" or "required to" or "convinced to" refinance. if it is her best interests to do so, i suppose she would, but to refinance purely for the purpose of helping her ex-husband (with whom it appears she has issues - go figure); i cannot imagine her being motivated to do so.

wow

banker0679 · Posted: Mon Dec 17, 2007 10:01 am Post subject:

maybe emphasis on the keyword will help everyone read it.

if it's in the divorce agreement that she needs to refinance...then he can take her to court..and sue her for failing to obey a court order

the point is that most divorce refinances i have dealt with required for the spouse to refinance to take out the person's name or to hand them their equity

sometimes it helps

btw Wow

gmakerley · Posted: Mon Dec 17, 2007 10:03 am Post subject:

thank you lender.

i had read what you had written correctly the first time.

banker0679 · Posted: Mon Dec 17, 2007 10:09 am Post subject:

Maybe you have dealt with divorces?? Maybe you haven't, but my posts come from experience in dealing with these situations.

The Judge will normally order a QCD on the property to separate assets.
The attorney can request for the spouse to refinance their name out of the home so the other spouse wont ruin their credit. If the spouse is unable to refinance into his/her name...then the Judge will normally order for the home to be sold UNLESS other spouse agrees to leave everything 'as is'.

Most divorcees dont even read their own divorce papers. If the papers state that the spouse will 'assume' payments..and has kept making timely payments on the mortgage then it will be hard to force them to refinance.

If they have been making late payments...then the spouse to take the other to court.

gmakerley · Posted: Mon Dec 17, 2007 10:38 am Post subject:

i've dealt with many who have been through divorces.

i agree that many divorced people don't read their documentation; nevertheless, all is explained in detail. we on this forum have no way of knowing what the details of the settlement are, of course - often the original poster has no clue.

my "wows" are in response to the replies posted - first that the former spouse would be best off to refinance (how do we know that?) and secondly, to the advice to speak with "a divorce attorney." i think the only divorce attorney who should be consulted in this matter is the one (or two) who were active in the dissolution of the specific marriage.

there can be no question that this specific situation is a case which needs to be addressed with the counsel that participated originally. but at no point have i ever heard of a situation in which one of the parties (after the fact) would be "forced" into refinancing.

it is scary what people get themselves into based on the advice of those who think they know what they are talking about.

banker0679 · Posted: Mon Dec 17, 2007 6:03 pm Post subject:

it is best to refinance the home....not for a lower rate...not for a better term...but to get your name off a financial agreement that can ruin your credit history if the other person wants to play games.

the point of speaking to a divorce attorney is excellent advice.
normally, anyone would go to their original divorce attorneys that were used in the divorce proceedings.

gmakerley · Posted: Tue Dec 18, 2007 8:47 am Post subject:

banker, it seems you misinterpreted the original post. the refinance being discussed here is the one they are trying to force the former spouse into doing.

certainly it would be delightful if our poster could eliminate his obligation on that old mortgage, but if this wasn't stipulated in the divorce agreement then it would be a whole mess to go back and request that it be done now. worth it? maybe...but keep in mind that we haven't seen anyone say that the former spouse is not making payments - it appears that payments are being made, but the new lender is taking the monthly obligation into consideration when calculating ratios for the new mortgage our poster is seeking.

as one who has recent underwriting background, i think this is excessive; but the overall marketplace has changed drastically in the past several months, so underwriting has become way more conservative than previously.

what is the solution? we truly don't know that - certainly the divorce lawyer who was involved in the first place is the first person it would be beneficial to contact. if he or she can shed some light on the circumstances surrounding the mortgage for our poster and her husband, then maybe they can resolve this without further difficulty.

wow (again) - did i really say all that?

brad · Posted: Tue Dec 18, 2007 3:01 pm Post subject:

In most cases the divorce lawyer should be your primary point of contact. I have done some weird loans before where the wife stays in the house and the husband pays the mortgage do to some agreement in the divorce decree.

Caron · Posted: Wed Dec 19, 2007 3:38 am Post subject: RE: divorce and mortgage payments

Hi all,

What I understand from new mom's post is, as per the divorce agreement, the ex-wife should be responsible for payments and for that if she has to refinance she should di it; she would probably know what's best for her.

However, approaching the divorce attorney that they've dealt with earlier will be the right thing.

"if it's in the divorce agreement that she needs to refinance...then he can take her to court..and sue her for failing to obey a court order"

I agree with Banker here, the divorce paper doesn't say that she needs to refinance, so how can the person sue his ex-wife.

Now, the solution, as I feel is, if the ex-wife doesn't refinance then the new mom's husband should negotiate with the ex and both should sell off the property and pay off the loan proceeds. That's the only way out as I see but they'll lose the home..so that's something that the husband and the ex have to think about.

good luck

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