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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I have a house in FL with my name only on the loan. My husband

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I have a house in FL with my name only on the loan. My husband is on the deed with me. I applied for the loan modification program which is supposed to be finalized the end of Nov.. My husband has now decided he wants a divorce.The loan mod. officer has already told me that if I am not living in the house, the house would be ineligible for the modification and be dropped from the program immediately. I always told my husband that he could have the house in FL. I can't afford ANY payments on that house and what can I do to get it in his name. He has been making the payments on it by himself for a year now. Also, he has a NA friend that he says is his lawyer. I don't trust either one of them with my welfare and need to know if I need to retain a lawyer for myself or if there is legal documents I can deal with myself or trust the bank to help me. Perhaps even by signing the house back over to the bank and letting him buy it from them? I am trying to help him without hurting me.
What needs to happen is that your soon to be ex should refinance the house in his name only. Otherwise let him continue making the payments until the house is decided in the divorce. You do not want to sign a quit claim deed over to him until and unless he refinances.
Customer: replied 7 years ago.
But he can't afford the 1200$ original payments either. The loan mod. is for 900$
sorry I missed that part... as soon as I say I'm not in that house....the payments will go back to the original. (I do understand about the quit claim. Thanks.) I don't want the house to foreclose in my name. If the mod. program gets dropped, neither one of us can afford the payments. So do I rely on the bank for help or get myself a lawyer? It's Bank of America
If he cannot get the refinancing at a payment that he can afford then the only option I see is for it to go back to the bank. Usually that takes about 4 or 5 months of no payments before they foreclose. Here you can ask about a deed in lieu of foreclosure or possibly a short sale. And you do need an attorney.
Customer: replied 7 years ago.
thanks..... an attorney in family law? or more specific for real estate?
Here I would get a family law attorney and proceed with the divorce.
Customer: replied 7 years ago.
oops! I am in Pennsylvania.....the house and husband is in Florida. Will I need an attorney in Florida where the property is, or can it be taken care of from PA?
Customer: replied 7 years ago.
Did you get my final question?
You will need one in Florida. As long as he is living there you will need to get divorced there since that is where the house is located. .

An accept for my time is always appreciated.

Edited by lwpat on 11/1/2009 at 10:12 PM EST
lwpat and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
thanks for all your help! God Bless!
You're welcome and good luck to you.
Customer: replied 6 years ago.
Thanks Iwpat for all the answers. You did a great job! Update no response necessary... The house will go up for short sale in December and the husband is now undecided wheather he wants a divorce or not. Depends on which day you ask him. Lots of prayers are needed...please pass the word! God Bless you!