How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask J. Warren Your Own Question

J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1151
Experience:  Experience in estate planning including wills, trusts and succession planning.
64316804
Type Your Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

I was awarded a property in a divorce. The property was in

Resolved Question:

I was awarded a property in a divorce. The property was in foreclosure but the bank agreed to modify the loan based on the fact I am the only one on the deed. They would not remove the ex from the note. They modified it based solely on my income. My concern is if he is on the note, but not the deed or mortgage he is still going to have the rights in reguards to income taxes to claim half of the interested paid each year? I was also told that I don't have to worry about needing his signature if the time come when I sale the property. Which was why he was taken off the mortgage and deed, he would not sign to attempt a short sale, wanting it to go to foreclosure. Which when attempted we were to far upside down to do and I would have been responsible for the amount forgiven as he is uncollectable. My credit has been to badly ruined by him already and can not get a new loan in my name only. So I was forced to leave him on the loan. I was told I did not qualify for a government loan modification, but the lender is doing their own modification. They said they could not remove his name from the note only modifiy the loan. Even though they were modifying it from a line of credit to now a 40 year mortgage. My ex caused me unbelieveable finiciacl hardship already, I don't want to learn that in a few months he is going to benefit from what I am suffering by paying the loan. So my question is can he claim half the interest that I AM PAYING each year on the note? I don't understand why they will not remove his name from everything, expecially since they are only modifying it based on my income alone. Everything I get from them comes only in his name, so it looks like he is the one paying for this loan. I have asked that they send things out in both I name but as of yet still does not do this. I have no idea where he lives, he has not done a change of address, so if I did one based on his name, all the information from the bank will then get forwarded and I would not get the information from the bank in reguards to the modification. I have a feeling that when this is all done, which I have one more payment in the trial period to end the foreclosure, I am going to have more problems again. Do I have any rights to have him removed from the note?
Submitted: 1 year ago.
Category: Estate Law
Expert:  J. Warren replied 1 year ago.

Hello and Welcome! Thank you for allowing me to be of service to you. Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you might be hoping to hear.

I am sorry you are dealing with this situation. You asked: "So my question is can he claim half the interest that I AM PAYING each year on the note?"

If an ex-spouse is not paying a portion of the mortgage and taxes are not being filed jointly, only the person paying the mortgage is entitled to claim a deduction for the property and interest.

Second, Do I have any rights to have him removed from the note? Unfortunately, unless you can qualify for a refinance, a lender is not required to remove him from the mortage or underlying loan obligation. The fact he is still on the loan makes the bank feel more secure that it can potentially recover lossses from someone and there is not a legal avenue to compel the bank to remove a person from a loan. He is still legally liable to the lender but has no legal right to interest in the property. If anything, he should be asking and assisting you with the lender to remove his name.

However, you have the right to seek a loan approval and qualification from another lender. If you can not, your option is to continue to work with your current lender and continue to request that a new loan be in your name only.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" or “continue conversation” tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

 

.

 

J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1151
Experience: Experience in estate planning including wills, trusts and succession planning.
J. Warren and other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

It is interesting though that the bank is doing the modification solely on my income, not his. That based on that I did not qualifty for the government modification, my income did not support it. But, the bank was modifiying it under their own modification. Which I am assuming means I could qualify for a loan on my own, except for the credit issue he cause. Which is preventing me from getting a loan. I understand from a business point of view why they are not doing it. I am wondering though if they could at least change the names so that mine is first so I can get the mail. It comes in his name only and at some point that mail is going to be returned or lost being he dosent live here. Then we are going to end up with important information not getting to me.


I have another question in regurads to the same property. This was a line of credit loan, due in 2017. There was no other mortgage on this property. Which makes me question in the beginning how they can change to a 40 year mortgage, that is a heck of a modification, but not rmove his name. That said. when we took out the LOC, they offered up death and disability insurance on the loan for us both at 10% of the loan. We denied it as I am on disability. They offered us death, disability and unemployment on him for 10%. We accepted this. We paid for over a year and he became unemployed. It was then we learned they gave us the wrong insurance. We paid the correct amount, and never received a policy for the insurance. So he was unemployed but we could not make a claim. This was in 2009. We then later dropped the insurance. I never thought until recently, since they stated we had death and disability on us both, and refused to correct this error, I should have been able to file under the disability on myself as I was on disability. But, I am sure they would have said there was an prexisisting clause, which could have gone towards making them correct the error. I was going through my divorce at the time and this just got pushed aside in seeing if there was anything I could do. But, this error caused us a lot of the loss we suffered, would have paid this note off by about 1/3, not to mention the now amount due would be half. Someone mentioned to me that there are different laws in reguards to insurance and that I could have some recourse. Our you familiar with what they would be talking about? They also when we brought it to their attention, when back in the transaction history of our loan and each month made some type of correction, which only showed up on the banks transaction history, not the one I could have gotten online, and never on our statements. What type of lawyer would look at this issue for me?

Expert:  J. Warren replied 1 year ago.
Thank you for the follow up question.

It woud be to the lender's benefit to at minimum have you as the primary contact. This does not mean the lender will do the intelligent thing. In this situation if you can get to a branch manager or someone that will listen to the reason behind your request, that while the house address is being used to send notices, the ex-spouse does not live there and there is potential risk that a letter or document will be fowared by the post office. If you do not get anywhere with this request, follow up the request in writing and send the letter certified so that if and when a document is lost you have evidence that you made the request to the lender to have your name be the primary on the contact.

If you are unable to get the lender to comply with your request, you can file a complaint with the Office of the Comptroller of Currency in an attempt to seek their assistance in resolving the issue. Here is the link: www.helpwithmybank.gov/

In regards XXXXX XXXXX other question, there could be potential liability for the non issuance of a correct policy. You could submit this question to the consumer protection category on JustAnswer to get assistance from lawyers that are more familiar with this issue.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" or “continue conversation” tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.



JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.