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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11455
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am divorced 2 yrs. I was awarded the house and have 3

Customer Question

I am divorced 2 yrs. I was awarded the house and have 3 children living at home.
I know I am on the Deed. I was not on the mortgage. My X was late pay more than 90 days on Fannie Mae.
I just found out I have to leave my home because I could not re finance due to his lateness. I am now remarried .My X wants his name off the mortgage stating it is hurting his credit rating.
I can't find any help and was told no family members can buy the house. Any other option? I have made the mortgage payments since divorce and kept up with it.
I work in daycare.
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
8 minute wait was 40 minutes ago. what options do I have?
Expert:  TJ, Esq. replied 4 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, and type a response. Thank you.

Expert:  TJ, Esq. replied 4 months ago.

Hi again.

I need a little clarification. You wrote "My X was late pay more than 90 days on Fannie Mae," which indicates that the mortgage wasn't paid for 90 days, but you also wrote "I have made the mortgage payments since divorce and kept up with it."

I appreciate you helping me to understand the facts in your case. Thanks!

Customer: replied 4 months ago.
While married he took care of the mortgage with Fannie Mae and I never knew he was late or that late until I tried to refinance to have the mortgage in my name. I am only on the deed. he was only on the mortgage. Since I can not re finance due to his late pay status, can't remove his name from mortgage... it did not want to due a transfer. I am being evicted by the mortgage company.
Expert:  TJ, Esq. replied 4 months ago.

Hi again.

I'm really sorry, but I don't think that I'll be able to provide you with a useful answer. However, I will open your question for other attorneys to review. Thank you for using our service.

Expert:  LegalEagle1 replied 4 months ago.

Hello and welcome to JustAnswer. I would like to assist you with your question today.

Before I can try to answer your question I need additional information. Can you please tell me which state your house is located? Also has the mortgage company already filed the foreclosure? If, so what is the status of that proceeding?

Customer: replied 4 months ago.
The state of Delaware. EX filed with judge and short sale will proceed Aug 13th. He opposed a quick deed at the time of divorce. I was awarded the house, I have not been late since taking over the mortgage payments
Expert:  LegalEagle1 replied 4 months ago.

I'm trying to understand your situation, but am still confused. Is the house still titled in your name? Also you mentioned a short sale. Do you mean short sale or sheriff's sale? I'm not sure what your EX filed with the judge. Please explain.

Customer: replied 4 months ago.
I am on the deed. ex is on the mortgage only. Divorced 2 yrs now. I tried to refiance mortgage in my name. I could not cause of the debt and late payments ex husband while he was paying the mortgage. he went to court and got an order that his name needed to be removed from mortgage loan. or he wanted the house to be sold at a short sale. its a catch 22 since he ruin my credit with his late payment and collections problems. no one will refinance me alone. although I have made the mortgage payments on my own since then.