mortgage and refinance questions I NEED HELP!!! (loan, interest rate, foreclosed)

[bandbcamp]

I am behind on my home and currently in danger of being foreclosed on. I bought the home originally in 2001. I got married later that year and in 2004 refinanced putting my then "wife" on as co borrower because i was instructed by the loan company I had to. We found out later that our marriage was never recorded and therefore not legal. WE have been seperated since 2010 with no divorce since there was never a legal marriage. I remained in posesion of the house since. I am now trying to apply for a hardship refi to save the home however my ex's name is on all of the paperwork and deed. It is however not here real name and is signed as her "married name", which doesnt exist do to the fact the marriage was not legal. She did however manage to somehow get her SS card changed to this name but no other i.d. Also I should include she and I are not able to communicate well. How do I go about removing her name from my home? Do I still need to do a quick claim even if there is no such person?

[warriorfan63]

Yes, if she is on the document you have to have her signatures.

[Jkgourmet]

You need an attorney. And probably you can't just quit claim her off the loan. She and you co-borrowed the money. Her social security number is more of an identifier than her name. People change their names all the time, but that doesn't get them off the hook from their debts.

[Modification Specialist]

Originally Posted by bandbcamp

I am behind on my home and currently in danger of being foreclosed on. I bought the home originally in 2001. I got married later that year and in 2004 refinanced putting my then "wife" on as co borrower because i was instructed by the loan company I had to. We found out later that our marriage was never recorded and therefore not legal. WE have been separated since 2010 with no divorce since there was never a legal marriage. I remained in possession of the house since. I am now trying to apply for a hardship refi to save the home however my ex's name is on all of the paperwork and deed. It is however not here real name and is signed as her "married name", which doesn't exist do to the fact the marriage was not legal. She did however manage to somehow get her SS card changed to this name but no other i.d. Also I should include she and I are not able to communicate well. How do I go about removing her name from my home? Do I still need to do a quick claim even if there is no such person?

Our law firm in the last six years has handled over 7000 modifications in 46 states. I structure these type of situations several times a month when there are two or more people on the loan. Getting a quick claim deed is only part of the answer.

First - trying to apply for a refinance being behind. Your new lender is going to want you to become current. I serious doubt your going to qualify for a lower interest rate until there are at least 12 months of on time payments. Because you are behind, recommend a loan modification.

I have a question when you last refinanced, what was the urgency of adding her to the loan.

• had to combine her income?

I do not know your details, income, loan amount, interest rate, lender, property location, etc... The first thing that needs to be looked at is your current household income. Need to calculate your income to the lowest modified payment, to see if you could afford a modification. After that getting documentation such as quick claim deed or divorce decree, or separation paper organized. If you want me to analyses your situation to see your options send me a PM.



G.L.