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How can I buy a house when my name is tied to another house that my exhusband has not removed my name?

from the mortgage that we had when we were married? He was not ordered to refi in the divorce, and refuses to refi. Also,my credit with my new husband is not strong enough to have my name on 2 mortgages. I have hired a attorney but really haven't gotten anywhere with it. He (LAWYER) said the you can not change a final judgement in a divorce decree about the martial property, but I feel that I have a good case because my ex assumed a hardship loan on the property without my knowlege and giving the mortgage company some false info, before the divorce was final. My ex recieved a permement hadship loan for the remainder of the loan (28 years). Interest rate of 2.28% and let me tell you he does not have any hardship,especially as soon as the hardship wasfinal he bought a brand new truck, finished the basement of his home, put a pool in the back yard, and took the kids on a 7 day vacation to Disney world. the finance company said they will not evaluate him UNLESS he misses 3 payments.

Public Comments

  1. No, you can't get off the mortgage, you can get off the house deed by Quit Claim Deed but why should you? As you are still liable for the mortgage. I would keep quiet about the hardship loand as if he loses the hosue your credit will be int he toilet as well as his since you are still attached to the mortgage.
  2. Rock and hard place is where you are. Go buy a house that your new husband can qualify for alone.
  3. If your name is on the note, you are conceivably a beneficiary if something happens to him. If he is making the payments, and something happens to him, you can continue making payments, refinance, or sell, and take it to the bank! I am sorry this doesn't help you in the near term, but there are creative ways to find and buy properties, with other people's money- not necessarily the bank's.
  4. One thing at a time, your husband does not need your name on the deed to get a mortgage, the fact that your name is on another deed will not hinder the mortgage for the new house. You are wasting money on a LAWYER. It is your ex husband, that has a problem. Your lawyer should be filing suite against him for encumbering your assets to a new lien without your permission. This is directly against the law. Don't get caught up in wither the new loan is right or not.
  5. plain and simple you need a quit claim deed. http://en.wikipedia.org/wiki/Quit_claim_deed
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