Foreclosure in Margate>Question Details

Alfonso, Home Seller in Margate, FL

me and my wife are seperated she is in our townhouse i want to do a short sale to take me off she aready did a modifcation on it without my

Asked by Alfonso, Margate, FL Fri Jan 15, 2010

permission.what can i do?

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Hi Alfonso,

John is right. You need a lawyer. Please note that most of the real estate licensees tyring to answer this question are not from Florida. A Florida licensee is prohibited by law from advising you on such a question.

Did you know you can remove a question you asked? You might want to delete this whole discussion.

Good luck, Mark
0 votes Thank Flag Link Sat Jan 16, 2010

I absolutely agree that you need to consult an attorney in this matter.

Best of luck to you!
Stefanie Cohen
Prudential Florida Realty
0 votes Thank Flag Link Sat Jan 16, 2010
My guess is a modification has not been completed, but a trail was started to see if a modification would be considered. You can still do a short sale but both of you have agree on it before either a modification or a short sale can happen. If your separated and are going to get divorced, get a attorney to work out the agreement and move forward with that agreement. Until that time you are stuck in limbo.

Good Luck

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
0 votes Thank Flag Link Fri Jan 15, 2010
John Bennett is absolutely correct - an atty is what is needed here, not a real estate agent. Though we like to think we know as much as atty's - we, in fact, are not qualified to property advise you on such matters. All we can do is point you in the right direction.
Web Reference:
0 votes Thank Flag Link Fri Jan 15, 2010
Well since some don't think you can make wife sell- the action is called
partition action.

to be exact - from
Sometimes, an property owner wants to sell their property, set up a business or build a house on it. However, what if more than one person owns it? What if the other owner(s) don't want to sell the property or don't want anything built on the land? A partition action is brought to divide the property in individual shares among the owners.

A partition, or division, of property is voluntarily, if all owners agree to the division of property. However, if they don't, then a judge can order a partition of the property. This doesn't always work out in the best interest of each person.
Voluntary vs. Judicial
Co-tenants may voluntarily agree to partition their ownership rights and divide the property. Such agreements are generally enforced unless they adversely affect the rights of another person. If all owners don't agree to the partition, a lawsuit may be filed so that the courts will create a partition.

Unlike voluntary partition, court-ordered partition (or compulsory partition) is subject to numerous legal principles such as statutory limitations, laches (undue delay), and public policy. Similarly, the case is decided on various factors like rights, titles, and interest of the parties to the suit.

0 votes Thank Flag Link Fri Jan 15, 2010
You both will have to be on the same page, I dont think you can do either of those without full participation.
Web Reference:
0 votes Thank Flag Link Fri Jan 15, 2010

I hope you have found an attorney to handle this separation/divorce? If you are both on the loan and on title....she cannot do a loan modification without your signature. So either you signed it....or she forged your signature. You need protection....and you need it NOW. This is your credit too.....

0 votes Thank Flag Link Fri Jan 15, 2010
Alfonso, you need a attorney- not Real Estate agents.

I don't think she can do a loan Mod without you.

And I do believe you can force the short sale.

You need to have an Attorney to help you through this.
0 votes Thank Flag Link Fri Jan 15, 2010
You both have to be willing to sell the property to do a short sale.
Since the bank did the modification they may not be willing to do a shortsale. The Sellers have to qualify for a shortsale. You need to talk to the bank and find out what documents they need from you and your wife in order to qualify for the shortsale. I would be happy to provide a market evaluation if you both are willing to sell. You are not released from liability of the mortgage with a loan modification unless they put the loan in her name only.

Susie Smith
0 votes Thank Flag Link Fri Jan 15, 2010
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