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How do I get my Ex off my loan, after I had it modified?

I was able to modify my home loan (HAMP) after my divorce, and able to stay in my home with my two children. My ex-husbands name was on the original loan, and I was told by the mortgage company during the modification process that his name would come off after the loan was modified. I had to supply my divorce decree, as well as the document through the county that I took his name off (Forgot what that is called.) He had no part in the modification at all. After all the headaches, it turns out they will not take his name off at all and told me I had to refinance! He is remarried and wants to buy his own home and I don't want to have to do a refinance and it's probably not possible. Now I don't know what to do... by Jessica.girls282 from , Oregon. Sep 14th 2014 Reply


Ellen Wright (ellenwrightadams)
#49 ranked lender in Oregon - 25 contributions

Jessicadon't worry about getting him off the loan portion. In mortgage lending. If he wants to purchase another home, and if the Divorce decree awards the house to you, & you can prove with cancelled checks and or bank statements that you have made the mortgage payments for the last 12 months, then the payments will NOT be counted against him. It is just that simple. YOu don;t want to refinance because it will affect your modification & that lower interest rate you received. I hope this hleps.Ellen AdamsAcademy Mortgage541-521-7192

Sep 14th 2014
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Ralph Richard Guertin (ralph@absolutelowrates.com)
#135 ranked lender in Florida - 644 contributions

Not sure of the policy in Oregon, but In Florida a quit claim deed should of been prepared at the time of divorce and/or the modification. I would call a real estate attorney and find out your options or your original attorney who handled your divorce.

Sep 15th 2014
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William J Acres (William_Acres)
#1 ranked lender in Arizona - 8,041 contributions

You should contact an attorney.. if you have already removed him from the deed, but you have since modified the loan, then i'm not sure how you could have modified the loan, and he still be on the mortgage without him signing or agreeing to the terms.. HAMP program does allow for a divorced person to complete a HAMP modification without a spouse, but i'm not sure how the spouse can be liable if the lender modified the terms without their consent. By contacting an attorney, they should be able to shed some light on all of this and possibly give you a better explanation.. 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

Sep 15th 2014
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