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Recent Homestead Waiver questions

My wife and I are separating, not legally yet, she is

My wife and I are separating, not legally yet, she is refinancing the house and giving me cash out on my half of the equity, so I can purchase my own property. To ensure neither of us claim future equity or rights to in the other's house, will we be protected if we each sign Homestead Waivers on the other's mortgage? Or, is there another document we should use?

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LawTalk

Attorney at Law

Juris Doctor

33,026 satisfied customers
Dear Expert: I have owned a house by myself since 2005, which

Dear Expert: I have owned a house by myself since 2005, which I bought after the divorce, and my daughter leaves in the house now, which is located in Charlotte, North Carolina. I remarried to someone else in 2012. I am about to sign a refinance agreement, and the realtor says that my new wife has to sign a document, according to NC law. I have asked him to show me the law, and he refuses to do so. He just insists that she must sign. I do not wish to create a problem between my daughter and her, if something were to happen to me. My new wife knows that the house is for my daughter and not for her. Please advise whether the NC law mandates that she sign a document at closing. Thanks. MA

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Attyadvisor

Doctoral Degree

7,120 satisfied customers
Hello, a little over two years ago I filed a Chapter 13 Bankruptcy.

Hello, a little over two years ago I filed a Chapter 13 Bankruptcy. I owed 110,000 on my first mortgage and 90,000 on a second mortgage and a little credit card debt. I was unsuccessful in getting my second mortgage modified. After a year of paying on the Chapter 13 I was told the numbers didn't work out and I filed a Chapter 7 which was discharged this summer. I just went to a mediation with the lawyers for my first mortgage and they offered me the chance to stay in my home under the HAMP program. I have been weighing the pros and cons of this program and my family would like to stay in the house if it is possible. The question that I have is that I didn't even realize until very recently that my wife has signed some of the papers for the second mortgage. My name is XXXXX XXXXX the second mortgage as the holder of it and I've been discharged from it but my wife did not declare bankruptcy. What could happen if I accept the HAMP program offer and the second mortgage comes after my wife for the money owed?

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Richard

Owner

Doctoral Degree

47,048 satisfied customers
Process of buying a house and husbands name on title

I live in Florida and I am in the process of buying my first home. The mortgage/loan will only be on my name with my credit only, but since I am married the Title company is saying that they must put my husband's name on the title as well. However, I am purchasing this home for my parents as a gift while at the same time I am contemplating a divorce since my marriage is broken. Is there a way that I can have my husband sign a notarized letter saying that he will not request any portion of the house in case we do divorce? Or only an attorney can do that for me? I dont wanna pay the high prices of attorneys fee if I can do something on my own. He says he has no problem signing anything like that, but I just want to ensure I have a legal document before buying the property. I could just hold on the purchase and go ahead with the divorce, but this is the property of my parents dreams and the closing is in 2 weeks. I was also informed that I cannot put my parents name on the title until the deed is received by me. I know is a lot of questions but I am very stressed and need help.

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Richard

Owner

Doctoral Degree

47,048 satisfied customers
I am trying to buy a home. I am currently married living seperately

I am trying to buy a home. I am currently married living seperately from my husband. Under Florida law of Homestead my husband had to sign my mortgage. I was told that he is not signing the mortgage note and not added to the title. What are his rights if he signs the mortgage?

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Richard

Owner

Doctoral Degree

47,048 satisfied customers
Hi I am refinancing my home which I have owned for 9 years.

Hi I am refinancing my home which I have owned for 9 years. This is my second husband and he has to sing on the mortgage (Fl law). The loan is on my name only and I understand the title as well. Is there a easy document I can have him sign so in case of divorce he will not claim part of my property Thank you ,Stephanie

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Richard

Owner

Doctoral Degree

47,048 satisfied customers
I know someone that was served foreclosure papers on a house.

I know someone that was served foreclosure papers on a house. He just wants to walk away from it and let it go back to the bank. it show he is summoned to file an answer in this case within 30 days of the summons.If he fails to do so, what does it mean that default maybe taken against him?Also there is another problem. He was seperated but still married and they would not give him a home loan unless a homestead waiver was signed wife. which 2 years later he is still going through his divorce. anyway, he had her name forged on the waiver with it notorized by the lender. what advice can i give him? what should he do? His wife cannot find out about it as she was summoned as a defendent also but she refused the papers when served. She did not look at the papers when they tried to summon her.

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WALLSTREETESQ

Attorney

Doctoral Degree

18,058 satisfied customers
I would like to know if i report a truckstolen. that i made

I would like to know if i report a truckstolen. that i made a agreement with a person in writing who now have vanished and no contact, his place is vacant. I have no way to find him last payment was last month. he request to make a payment last month. Drove by the home with the police and the home had been vacant for 2months. how do i do this??

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Asad Rahman

Attorney

J.D.

3,122 satisfied customers
My neighbor tore down my fence in the backyard. They felt it

My neighbor tore down my fence in the backyard. They felt it was there's but it was on my property. They now want to put a new fence up that is on my property. They put the fence posts up already. All without my permission. They are very apologetic and will pay for the fence. I understand that there are legal implications of them paying for the fence residing on my property. Just looking for guidance on what to do. Thanks Karen

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TJ, Esq.

Juris Doctor (JD)

10,848 satisfied customers
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