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In order for me to be able to completely understand the situation, why would you not be able to afford a new mortgage under your name if you are fine with what it is now? The only reason that I see, is that maybe you have credit issues and that would result in a higher rate. If so, this is what I would try. Talk to BAC. See if they will let you assume the mortgage as is, without having to do a new mortgage. You would be able to prove to them that you have been making payments on it for the last 4 years. This should work in your favor. Just when you talk to them, make sure you are talking to a manager or someone higher up, since the customer service reps are like robots reading from a screen and you won't get anywhere. I would also talk to an attorney first and see what the legal aspects of this are, since it is possible that they may be able to just take the house, unless you switch it in your name. The judicial system that we live in, always seems to amaze me with it's stupidity. Good luck, I hope everything works out for you.