Can a mortgage be modified with only one of the two people on the note signing? My lawyer says no but my ex-wife just did it.

Asked by Flyguy164, 11709 Sun Mar 25, 2012

I was divorced in 2009 and my ex-wife wanted to keep the house. We are both on the mortgage. I deeded the house over to her and was removed from the title. In 2010 she asked me to sign a mortgage modification for her. I refused hoping to force her to refinance and therefore remove me from the mortgage. I am now trying to buy a house and the bank I went to for a mortgage informed me the mortgage was recently modified. This was done without my signature. The company says I am now on the hook for an additional $30k above what the mortgage was. A check of the title shows no such modification recorded. To add insult she is now 3 months behind on the modified mortgage and still dragging me down. Any thoughts are welcome? I am looking to buy a house for myself now. The current company says that my signature is not required and that I am responsible for the additional money. They also said mortgage modifications are not recorded. Any thoughts on these items also. Just looking to buy a house.

Help the community by answering this question:

+ web reference
Web reference:

Answers

5
Anna M Brocco’s answer
Anna M Brocco, Agent, Williston Park, NY
Sun Mar 25, 2012
Ask your attorney to dig a little deeper; if you are on the mortgage, no reason not to have copies of the documentation, etc. If your attorney is not being helpful, feel free to contact me directly for local real estate attorney recommendations...
1 vote
Thank you. I obtained copies from Mortgage company. He is reviewing everything now. I am just looking to supplement and trying to dig on my own. Meeting tomorrow to see what he has discovered and hoping to have info on my own.
Flag Mon Mar 26, 2012
Reema Sharma, Agent, Glen Oaks, NY
Mon Mar 26, 2012
Definately worth to get a second opinion from another attorney. Kindly email me at reema@shvrealtyny.com for the list of recommended attorneys.
0 votes
Gail Gladsto…, Agent, 11743, NY
Sun Mar 25, 2012
I think you are getting a lot of bad information.

My attorney is real estate only and would be happy to consult on this. Contact me for his information. Gail@GladstoneGroupRealty.com
0 votes
Thank you.
Flag Sun Mar 25, 2012
Reema Sharma, Agent, Glen Oaks, NY
Sun Mar 25, 2012
In most cases, the divorce leads to selling house to prevent this from happening. I recommend you to sell the house with your ex-wife with an attorney assisting along the way. Then look to buy the house. I live and work in New Hyde Park, let me know if you need any assistance at 718-343-5200
0 votes
Thank you. Divorce occurred 3 years ago. Selling was not an option during the divorce. She was supposed to refinance to have me removed but is unable to obtain a mortgage on her own.
Flag Sun Mar 25, 2012
Tim Moore, Agent, Kitty Hawk, NC
Sun Mar 25, 2012
Could be she forged your name. If you are on the mortgage you should have no problem getting a copy of it to check. This is going to be more up to your lawyer, but I would not want to be on the mortgage and not on the deed because, as you might know, you have no interest in the house at all but your credit can be ruined if it is not paid.Your lawyer should take over.
0 votes
Thank You. I requested modification papers from company, upon they did the modification with ONLY her signature and copy of divorce decree. But they say I am now responsible for the new modification. Trying to figure out next step.
Flag Sun Mar 25, 2012
Search Advice
Search
Ask our community a question

Email me when…

Learn more