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How can I be taken off a loan when my ex husband does not quality to refinance

by Stacykd03385 from San Marcos, California. Feb 26th 2016 Reply


I do not see a reply to this question ?I am divorced and quick claimed myself off the deed but ex won't / doesn't qualify to refinance. How can I get the judge to honor my request to force the sale of the home or refinance so I can be released of this burden ? Is there a family law section code I can recite as its not in our Divorce decree ??

Feb 26th 2016
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The judge asked me to do my homework and recite he law and give him points and authorities of why I need him to relief me. Someone mentioned something to me about section 290 under family - but I don't know how to write this up - this is my only way to present this to the judge any advise ?

Feb 27th 2016
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That's why the judge told me to do my homework. I am asking to force the sale of the home because he cannot refi - I don't know how to write the second page bcz the judge needs me to quote points and authorities with section 290. How do I do that ?

Feb 27th 2016
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Justin Murray (JustinMurray)
#102 ranked lender in Illinois - 172 contributions

Call your lawyer who handled the divorce. They should have really made this part of the final decree or MSA.

Feb 28th 2016
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William J Acres (William_Acres)
#1 ranked lender in Arizona - 8,041 contributions

The only way would be to sell the home or get it refinanced.. removing yourself from the deed does not relinquish your obligation for the loan. As far as how to fight this in court, that's for a different blog.. this website is for mortgage related questions. you need legal advise regarding legal petitions.. you should contact an attorney or legal aid. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com NMLS# 226347

Feb 29th 2016
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Hans Bruhner (Hans Bruhner)
#97 ranked lender in California - 101 contributions

I have to agree with William Acres. There is actually no way to get your name off of the current loan. You have to pay it off for that to happen and that is either going to happen because of a refinance or a sale and since he doesn't qualify for a refinance then he has to sell it. Final divorce decrees involving homes usually stipulate that the person remaining in the home has a certain period of time to refinance or sell. I would start there and see what that says. As a lender I see a lot of divorce decrees but I am in no way giving legal advice.

Feb 29th 2016
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Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 3,565 contributions

If he can't refinance... force him to sell. Get an Attorney

Feb 29th 2016
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Larry Gray (lgray_312_247)
#563 ranked lender in California - 1,127 contributions

You got some good answers here from mortgage brokers/consultants per their experience with clients in similar situations. But as you might gather, none of us can provide what a lawyer can in this situation. Certainly you can try and add to what you know so far by using google, self-legal work websites such as for Nolo Press, and you tube. There are legal aide offices throughout CA that you could use for free or on a sliding scale as well.

Feb 29th 2016
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I specialize in mortgage related matters for the recently divorced. I think the bigger question in these situations is why your ex husband is not able to refinance you off the mortgage. When I present to local bar associations I always make sure to mention that mortgage companies will not remove a contractually obligated borrower from a mortgage simply because there is a court ordered judgement of debt contained in the divorce decree that requires it. If lack of equity or lack of income or low credit score is the reason your ex is having trouble refinancing, there are options available that many homeowners are not aware of. Please let me know how I may be of service and if possible pinpoint the exact reason your ex is unable to refinance. Thank you - Steve at: snardin@unionhomemortgage.com

Mar 1st 2016
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Mike Silkworth (msilkw_195_870)
#30 ranked lender in Michigan - 519 contributions

I work with Steve Nardin who submitted the previous response. He is an expert on this and advises attorney's frequently. Having an attorney involed is important, but you need the RIGHT attorney. One who practices in this part of the law and one that will consult with a lender that also understands these complex transactions. I'd suggest you email Steve and get his help.

Mar 1st 2016
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Jesse Stroup (jessestroup)
#4 ranked lender in Idaho - 591 contributions

It sounds like you may need to sell the home. In order to remove your name from the mortgage loan; that loan will need to be refinanced with you listed on as a borrower or co borrower.

Mar 8th 2016
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