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I am married and live in VA. My wife will not agree to sign…

I am married and...

I am married and live in VA. My wife will not agree to sign now that the closing date for refinancing the house has been set. I want to know what are my legal rights to get out of this without ruining my credit

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Please read my entire message.

Lawyer's Assistant: Has anything been filed or reported?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have refinanced many times and not without some differences of opinion. We have been married since 1973. I have never missed a mortgage payment, but I don't want to make another one.

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Answered in 6 minutes by:
1/23/2018
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

Cancelling the refinance should not harm your credit......in fact, you have a 3 day right to rescind after the closing occurs. So, cancelling should not harm you.

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Customer reply replied 4 months ago
Roger. I am sorry. I was not clear. I do not want to continue making payments on this house. Period. I want out of the house if not out of the marriage.

I see......thanks for the information.

The only way to get out of making payments is by selling the house or paying off the mortgage. If that doesn't occur, there's no easy way to walk away from the debt and any course of action you take is going to affect your credit.

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You can offer a deed in lieu of foreclosure to the lender......which is the least impact on your credit.

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Basically, a deed in lieu transfers the property back to the lender without the necessity of a foreclosure proceeding.

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Customer reply replied 4 months ago
Roger,
This is the type of info I was seeking. thank you. I will try this.
Thanks again.
Stan

You could also file bankruptcy and have the debt discharged.....but that will have a lasting impact on your credit as well. It would be at least 7 years before the bankruptcy rolls off of your credit.

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No problem. Thanks for your question and please let me know if you need anything further.

Roger
Roger, Attorney
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