Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?
What state does the husband live. What state license is it for the marriage?
Since it is a Turkish marriage and the wife does not live in the US, it is unlikely that US law would apply to the marriage itself. In any event, a US citizen has a right to purchase property in the US and does not need the approval of the spouse if the money is the spouse's own money and not jointly held with the spouse. We can discuss more if you would like to do so.
So, the real issue is that the mortgage company is asking for a waiver from the spouse prior to issuing a mortgage. I am not sure if he can circumvent that rule because each lender can have its own rules. The only way is to keep on asking mortgage companies. There is no law requiring mortgage companies to lend money to a spouse without a waiver. Each mortgage company makes up its own rules. This is the best I can tell you from this site. It is an unfortunate situation.