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Search: "Divorced"

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Asked 07/01/2009 05:25 pm CT (Orlando, FL)

My ex and I are expected at court on Monday 7/6 regarding a Summary Judgement for our 2nd Mtg. We have a 1st with Countrywide and the 2nd with Wachovia. We have not been able to make pymts on the 1st for 14 months and the and none on the 2nd for the last year because we both became unemployed and have since divorced. My ex is still living in the home and the 1st Mtg Lender is still waiting for him to get a job so he can possibly do a modification etc. The 2nd Mortgage lender is taking us to court for non-payment. We have had the home on the market from the beginning trying to sell or short sale and no takers. What exactly can happen to us when we see the Judge on Monday. The house has not foreclosed yet on the 1st mortgage we have not even heard from them. Can the 2nd Mtg lender put a judgement on us for the $62,000.00 owed even though the 1st mtg lender supercedes? Please advise. Also with the declining market the 1st mortgage would not even be satisfied even if the house sold today. So what happens exactly. Since we are unemployed we do not have any resources for pymt of legal advice that is why I am asking. Please help!

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Asked 05/07/2009 12:05 pm CT (Greenville, SC)

Just got divorced. I was awarded the marital home. The mortgage is in my ex-husband\\\'s name only. My name is not on the mortgage or deed. I have received advice that I need to do a quit deed and then finance into my name. I have never owned a home. Will the quit deed dis-qualify me from any first time home buyer benefits/incentives?

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Asked 04/14/2009 06:27 pm CT (Cincinnati, OH)

I was seperated the past 5 yrs from my ex husband after 27 yrs of marriage we own a home which I stayed in after he left 5 yrs ago we finally divorced aug 08 i didnt think I could afford to keep it and he didnt want it then he gets a g/f 20 yrs his jr decides he wants the house during the divorce for her (of course). In the decree it states he was to refinance the home he has not thus far, I let him and her move in nov 08 i moved into an apartment. he borrowed 3000.00 towards paying me my half of the equity, he still owes me money and both our names remain on the mortgage and deed.he really doesnt want the house but i do and to boot I recently found out the g/f who is living in our home has a violent criminal record and has even been in prison she is very unstable I did not know about this or I would have never agreed for her to move into the house. he doesnt want to know and shes hounding him for her name to go on the deed which cant happen because there is no way my name comes off the deed while I am still on the mortgage. I am very concerned she may go "off the deep end" yet again and do something to the house as I said her criminal record shows she is clearly unstable she has thrown our daughter out of the home and moved her 13 yr old son in. Since he failed to refinance and the house remains in both our names he cant refinance as he waited too long and now is paying spousal support to me while Im in college. my 2 questions are what rights do i have to the house? and is it possible to evict this woman before she does irrevocable damage? he wont face this wont listen doesnt want to know if he chooses to live with a convicted violent felon thats his perogitive but I do not choose to have that living in a home I still own and am responsible for.I would much rather give him the 3000.00 back he has paid me and not take anymore payments from him and take back my house ..any advce?

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Asked 04/08/2009 09:51 am CT (Des Moines, IA)

My boyfriend and I live together. He was divorced over a year ago and part of the divorce decree stated that his ex wife got there home and all the responsibilty she was supposed to remove him from everything in a certain day period. Which would have been Nov 08. Well she did not do this and now the house is being foreclosed on and she NEVER got him off any of it. So now we are getting letters and phone calls saying they will be foreclosing on the house and it is going to effect his credit. The morgage companies say that there is nothing they can do even though the divorce says it is all her responsibilty. The lawyer we talked to said that the only thing they can do is get her arrested on contempt of court? This does not seem right is there any help!! We plan to have a life together and I do not want this hanging over our heads for the next 7 years =(

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Unfortunately the lender on the house was never invited to the divorce. The divorce was only an agre...

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Asked 03/16/2009 12:44 pm CT (Dallas, TX)

My ex husband and I owned a home together. We divorced and I signed a quit claim deed so that he could refianance the home in his name using his VA and I could have mine back. He has yet to refinance the home. It has been over thirty days. If he does not refinance the home what are my options?

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Dear Kelly, in order to remove your name on this loan, your exhusband has to refinance this property...

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Asked 11/20/2008 05:47 pm CT (Abilene, TX)

I am going to get divorced my husband dosn't want the house. I guess I have to keep it.My mortage is payment is $1170.00 per month. 30 year mortage at 6.89 % house is worth $112,000. I only make $1920 very monthly.I don't know what to do?

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Will you be getting child support or any other type of income? How much do you owe on the home and w...

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Asked 07/19/2008 09:24 am CT (brownstwon, MI)

I have been divorced 5.5 years. I have a 1st mortgage (171,000, 30 year, 6.25%) and a second (21,000, 15 year, 8.5%) still in my name with my ex-wife. I signed a quit claim deed to the property during our divorce. She has been 30 to 60 days late on both mortgages almost the entire 5.5 years. She has dropped my credit below 600 becuase of this. She is now going to stop paying the second mortgage because she thinks nothing will happen to her and I will have to pay. What should I do?

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Asked 05/20/2008 07:00 am CT (Phla., Alberta)

Is a co-signer responsible for a VA mortgage? My daughter and her husband are divorced. He lives in the house. He is the veteran. They got a VA loan, she co-signed, but she was not working at the time. The mortgage has not been paid, he is not doing anything about it. What can she do.

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Asked 04/29/2008 07:59 am CT (Shawnee, KS)

Divorced last Oct. 2007. had qcd done removing my interest off of property but still on mtg due to him having 'til this oct. to refi. he has tried but cannot due to deb to income ratio too high. he can no longer afford mtg and wants to file chap 7. per div. decree, he has til oct to refi to remove my name. will I be involved in the chap 7 and my credit go bad?

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Sorry to say but yes. The mortgage company will come to you for payments if he files chapter 7. He...

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Asked 04/28/2008 05:21 am CT (cincinnati, OH)

my husband and his ex wife bought a house when they where married that was is in 1994. they been divorced since 1998 ,he left her the home because of there son and she was to take over the payments his name is still on the morgage we just found out it is in process of foreclosure. we decided that we would like to have it... because this has messed up his credit and has stopped us from buying are own.. what would be his chances in getting the home.

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Asked 03/27/2008 06:14 pm CT (Jacksonville, FL)

My husband and I got divorced. The divorce decree stated I needed to get a mortgage to refinance within 90 days after the final decree. I did get a mortgage. In the process of getting the mortgage I found that my ex had me taken off the mortgages, first and second. He quick deded the property over to me and I am now in the process of getting a warranty deed onthe property. I want to refinance the first mortgage without the second mortgage being involved. I never signed any papers to be taken off the mortgages. I don't know how he did that. Can the second mortgage still hold the property as collateral since he took me off that loan and the property has been quick deeded to me?

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Asked 03/27/2008 11:12 am CT (Pensacola, FL)

I'm divorced but I have been living with my ex in our house for over a year trying to sell it. She wants to refi the house in her name but the appraisal came back less than what we owe. At the time re did the refi the house was valued at $240K we currently owe $192K and the appraisal came back at $185K. Because of the divorce neither of have the money to put down for the down payment. I want my name off the house so I can purchase my own home. My ex wants the house and has already been approved for an FHA loan but the appraisal is too low. Does anyone have any idea how we can work this out. I need my name off this mortgage.

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Asked 01/24/2008 01:30 pm CT (vineland, NJ)

hi...my husband and i are divorced. I kept the marital home & we have a first mortg in my name only & a second in his name & mine. Id like to short sale my house it is currently in forclosure. can i remove his name from the deed while it is in foreclosure.

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TLG - You should contact a RE atty to discuss this. Generally, he needs to agree to have his name ta...

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Asked 01/17/2008 07:55 am CT (Sardinia, OH)

My husband @ I divorced 3 yrs ago. I stupidly wrote up our decree when we divorced. I used the word or instead of an when it came to him refinancing the house and second mortgage.After divorce was final cort said this gave him a choice so he does not have to refinance. I have been unable to get loans and now my credit is awful. I can never buy anything house, loans etc / debt to ratio looks bad. I tried to refinance loans he is still on that I have and was denied/ debt to ratio probs. When we divorced right after court he said I promise to refinance if you sign over the deed. I trusted him ( Stupid ). We went to a bank immediatly and signed it over. Three yrs later he refuses to refiance what can I do?? Pleas help me.

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Asked 01/01/2008 05:43 am CT (colorado springs, CO)

my exhusband took out a 2nd on a home he was supposed to be refinancing without my authorization. We've been divorced for 8 years and he was supposed to have the house refinanced within 24 months of the divorce settlement. It's been 6 years now since he did that and because of the 2nd and him being in arrears and foreclosure proceedings on the 1st, he's not able to get me off the 1st. Hence, my credit has been damaged because of all of this, as well as my reputation, being that I work in the courthouse in which all of the Rule 120s are filed. Can I go after the bank because of this that loaned him the 2nd without my signature or authorization?

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Asked 12/30/2007 10:14 am CT (goldsboro, NC)

My husband and I are divorced and were separated for 6 years. We bought a house together during the marriage. I moved out of the house and remained out of the home to date. During the divorce we signed papers stating that I would give up rights to the home if he would have my name taken off of the house within 90 days. Well that was this past April. As a result I find out yesterday that he has not been paying the mortgage (which I had no idea) when I received a certified letter stating foreclosure. Question. To save my credit, is it possible to take his name off of the house, take over the payments, and possibly work out a deal with the mortgage company? I have good credit and this would ruin it.

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Good question. Since it sounds like the origional agreement was a part of the divorce decree, legall...

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Asked 12/22/2007 03:49 pm CT (lodi, CA)

I am recently divorced. I would like to take my name off of the second mortgage loan that me ex-husband and I did while married. He lives in the house, and makes the payments on the second. I just want to get rid of my name and all liabilities of this, how can I do that? I was told the only way is for him to refinance, but that is out of the question at this time. There has to be another way. Please help.

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Stacie - unfortunately, him refinancing is the only way unless he can convince the lender to release...

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Asked 10/13/2007 10:31 am CT (Milford, MI)

My wife and I divorced 8 years ago but still lived together. Our home was financed in my name and hers. And the deed is in both names. We had taken a second mortgage on the home as well but in my name only. She has left the home 7 months ago, for bigger and better things. The house is currently worth less than we owe. What options do I have to get rid of this debt? Is she still responsible for 1/2 the payments even though she no longer resides in the home but is on the deed and the mortgage. She won't agree to sign off unless I sell the house for the loan amount? What can I do?

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This a common misperception. You and your Ex are both 100% liable EACH to pay off ANY mortgage you s...

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Asked 09/27/2007 08:37 pm CT (Wayland, MI)

My ex and I just got divorced, the home that we had is in foreclosure status, the realtor has it listed in a short sale. He has an offer for about $57000 less that what is owing on it. He wants me to come to closing. My name was never on the mortgage or the deed of the home. The defiency that will be left owing on it, will that be his responsibility or to the both of us? Please let me know.

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Technically, you should not be liable since you were never on the mortgage or deed. However, it real...

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Asked 04/16/2007 05:00 pm CT (jamestown, IN)

I filed ch 7 bk 2 to 3 years ago. I am a previous home owner, 1st home now divorced, that mortgage was in good standing, i had since fell to the way side with credit after div, and doing nicely rebuilding on my own. car loan, personal loan, and credit. i don't know who to go to for a mortage this time? i have a little money saved, been at my job 20 years. would it be hard for me to get a mortage on my own? need a reputable place to start. any insight i would appreciate.

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If you are still seeking advice and help, please give my office a call. We are located in the India...

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