Originally Posted by mdownes
My daughter is in the middle of a devorce. We found that her husband refinanced the house and she thought in both their names. Turnes out it is in just his name. She had been told both names would be on it. She never signed anything. Her name is on the deed and it states "soley" by her Dad who sold her the house. Now as they are going through the devorce settlement and the finances are being sort out and he is trying to bring down her monthly cost for her and the 3 kids. We were notified yesterday he has listed it as a short sale can he do this without her involvment. How could the mortgage co. not have seen her name on the deed and requested her involvment. Can this be done. I tried to speak to the Mortgage Co. and they said they will not speak to us because we are not on the Mortgage. We are running out of time and want to save the house please any advice
Are you in a community property state?
Did she sign anything when he closed on the last mortgage? I.e. in Texas she would not be on the Note but she would have signed the Deed of Trust at closing. If she is in title as one of the owners of the house, I don't believe he can proceed with a sale without her consent and signature.