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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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My ex-wifes name is XXXXX XXXXX the first mortgage for the home

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My ex-wife's name is XXXXX XXXXX the first mortgage for the home we purchased in 2007. When divorced in 2009, she signed a quit claim and now only my name appears on title, HOA, insurance, etc. Additionally, she filed bankruptcy about 3years ago. Recently, I was able to work with the mortgage company on the second and they removed her name from the loan. I would like to refinance using the HARP 2.0 program, but want to make sure there are no issues with her name still on the first mortgage. I've remarried and we should have little problem qualifying for a refinance. Will I have any problems refinancing? Is there anything that my ex would have to sign or would a refi simply "buy out" the existing mortgage? My ex has moved and I've lost track of her, so any requirements for signing docs would be challenging.
Dear JACUSTOMER - If you are doing a complete refinance then there's no problem since it would pay off the first and second mortgage and then you would only have one mortgage with you and presumable your new wife's name on the loan. If you are talking about a modification of the first mortgage and you are not paying off the second then you could have a problem since the lender will want a signature from your ex. I am assuming this since it is up to the lender as to what they will accept so you would have to ask them what will be needed in a modification before you spend the time and money to apply. A full refinance will simply pay off the loan and there would be no issue with your ex.
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