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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Divorce decree required spouse to refinance house and hold

Resolved Question:

Divorce decree required spouse to refinance house and hold me harmless but she is claiming that she is unable to refinance and Judge in comtempt proceedings said she is unable to solve that issue and I will be still obligated under 1st and 2nd mortgage (which is in collection now and has ruined my credit) for the next 20 years. Is there any other solution that doesn't keep my tied to this obligation for vitually the rest of my life?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Would you mind sharing with me why she can not refinance the home? Is it underwater at this time? Does she have bad credit or is her debt to income ratio too high?
Customer: replied 1 year ago.


She just told the judge that she is unable to refinance and a mortgage broker that I know has said that the second mortgage that she has not paid on for the last 2 1/2 years is in collection and that makes a refinance very shaky if not impossible. Don't know about her current debt to income ratio but she makes about 53K/year and needs to refinance 185K. House on Zillow is valued at 255K so there is enough equity in property. Judge has not required her to prove that she has tried to refinance and is not able to

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. If there is equity in the home, she should try and speak with a lender to see what is past due and if the refi could pay off the 1st and 2nd, bringing the loan current. I am inclined to believe that if the second has not been paid for 2 1/2 years, additional fees and costs have been added on to it, making the amount owed much higher. In the event that she can not refinance it, then the solution would be to motion the court for a forced sale of the property, resulting in the loan being paid off and it no longer effecting your credit. If it is sold and there is equity, it would need to be determined if she will keep it since the home was awarded to her or if it would be shared.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16252
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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