Soon to be EX WIFE refuses to allow a mortgage refinance. House going into foreclosure next month.

Asked by Fallon, Monmouth Junction, NJ Fri Aug 20, 2010

My Significant Other is going through a horrible, bitter divorce that is still pending from 2 years ago. Judge ordered him to continue the big mortgage payments for his Ex & kids to live in. Her boyfriend moved in after she had her husband removed from the home using false DV and child abuse charges. Due to my SO's $1,000 mo child support to her, plus all the car & medical insurance for her & kids, plus his own rent & utilities he can longer make the mortgage for the home he still owns but cannnot live in. She is REFUSING to sign mortgage paperwork to refinance to get the payments down so he can pay them. She refuses. By Sep, the Bank of America loan will go into foreclosure. She is not employed for 2 years. Both names on the loan. He's going to lose a house that is worth $450,000 when he only owes $149,000 on the mortgage. Can the bank SUE her to force her to sign the REFINANCE papers? Their credit will be destroyed. Children will live on the street.

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Mary Petti, Agent, Edison, NJ
Tue Aug 24, 2010

This is a major legal question and your SO should get someone to represent him, in court if necessary, ASAP. I would not get a real estate attorney. I would get a trial attorney, or my second choice would me a divorce attorney.
Good luck, I hope it works out. This way your SO still pays for kids to live in house, keeps the house, and payments are a bit lower.
1 vote
Keith Manson-…, , Milwaukee, WI
Sun Sep 5, 2010
This sounds more like a divorce legal question than a real estate question. I would go back to the divorce attorneys to address the house and see if the house can be sold to split up the proceeds and move forward with life.

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
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Jerry Barker, Agent, Atlantic City, NJ
Sat Aug 21, 2010
Seeking legal advice is correct but to be honest, if the house gets repossessed by the bank it may turn out to be the best thing that happened, im sure they wont be on the street, they will find a place to rent.
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Debby Thomps…, Agent, Wauwatosa, WI
Fri Aug 20, 2010
I agree with Alma. What you are asking is more of a legal question then a mortgage or real estate question. I would have him contact an attorney right away. We as agent we have issues like this when we are selling homes. We don't get in the middle of things.
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Alma Kee, Agent, Tampa, FL
Fri Aug 20, 2010
Your SO needs legal advice immediately! He may need to hire a new attorney if his current divorce attorney can't get him out of this mess.

Right now it sounds like your SO is in contempt of court and could be arrested if he fails to make the mortgage payments as mandated by the judge. I'm not an attorney so he needs to talk to an attorney asap.

Also because he no longer lives in the house, he may not be able to get "owner-occupant" low rates...not sure how that all works.

Main thing, he need a judge to order his wife to sign the refinance paperwork if he can get in a lower interest rate. His credit will not be destroyed unless he fails to follow the terms of the court order!

Good luck!
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