5,230,068
I just had this happen as well, Eileen Burns - the previous Closing attorney had to provide a notarized Affidavit of Correction to the sellers current Closing attorney, showing the spouse was no longer on the note, based on the divorce agreement.
Good luck!
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Lyn Sims
Schaumburg, IL
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Allie Angeloni
Oro Valley, AZ
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Kathleen Daniels, Prob...
San Jose, CA
-
Francine Viola
Olympia, WA
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Carol Williams
Wenatchee, WA
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Kasey & John Boles
Boise, ID
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Jill Murty, Realtor - ...
Laguna Niguel, CA
5,104,931
Get the previous lender to provide some statement saying so. If the note is registered at the county court house, perhaps retrieve a copy from there. Why has this even come up... was the asset not properly accounted for in the divorce decree?
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Kathleen Daniels, Prob...
San Jose, CA
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Carol Williams
Wenatchee, WA
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Ron and Alexandra Seigel
Carpinteria, CA
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Michael Jacobs
Pasadena, CA
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Maria Sapio
Carlisle, PA
821,118
Nina Hollander and Debe Maxwell, CRS here is the Florida solution submission:
copy of the Verified Complaint. As you can see, Mrs did not sign the Note and therefore, was not liable under the Note. As Florida is a homestead state, Mrs only had to join in the mortgage for homestead purposes and not liability purposes. Basically, Mrs consented to the mortgage being placed on the property.
Will let everyone know when this is accepted!
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David M. Dwares
Fort Lauderdale, FL
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Allie Angeloni
Oro Valley, AZ
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Candice A. Donofrio
Fort Mohave, AZ
-
Fred Griffin Florida R...
Tallahassee, FL
465,398
If the wife was not a borrower, (not on the Note), then it is likely that the previous lender will not talk to her, even if she was on title and her name was on the mortgage/security instrument.
If she was not on the Note, then I would think that the loan would not appear on her credit report.
One other option is to pull the foreclosure case file from the courthouse. The complaint should have a copy of the original Note and Mortgage.
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Nick Vandekar, 610-203...
Downingtown, PA
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Fred Griffin Florida R...
Tallahassee, FL
-
Libby Cousins
Spokane, WA
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Carol Williams
Wenatchee, WA
644,025
methinks the Title company should be able to clear this up. The Title Co I use has resolved worser() things than this to get a clear to close.
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Lyn Sims
Schaumburg, IL
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Debe Maxwell, CRS
Charlotte, NC
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Michael Jacobs
Pasadena, CA
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Nina Hollander, Broker
Charlotte, NC
5,216,398
Time to find a competent lender or a title company that can explain to the current lender the error of their ways!
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Carol Williams
Wenatchee, WA
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Debe Maxwell, CRS
Charlotte, NC
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Michael Jacobs
Pasadena, CA
1,502,998
I have no idea. I'd go with David M. Dwares advise and/or get a competent real estate attorney involved. I'd also recommend finding another, more competent lender. Sounds like you're dealing with a big national bank there. Those nincompoops wanted me to write a letter explaining the credit inquiry that THEY RAN! My letter of explanation was less than cordial by this time... but I digress.
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Allie Angeloni
Oro Valley, AZ
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David M. Dwares
Fort Lauderdale, FL
5,772,575
Eileen,
I would take Nina Hollander 's advice. A
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Kasey & John Boles
Boise, ID
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Nina Hollander, Broker
Charlotte, NC
4,572,183
On the surface, this seems to be a no-brainer. A phone call or face-toface meeting with the lender is in order. A decision should be simple after that.
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Allie Angeloni
Oro Valley, AZ
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Debe Maxwell, CRS
Charlotte, NC
3,416,038
It should be wasy to look up the former mortgage and deed to show her name is or is not on the mortgage and note
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Debe Maxwell, CRS
Charlotte, NC
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Michael Jacobs
Pasadena, CA
564,494
Nina Hollander has offered a good option...
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Michael Jacobs
Pasadena, CA
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Nina Hollander, Broker
Charlotte, NC
2,182,552
Strange ?
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Michael Jacobs
Pasadena, CA
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Katina Hargrove 352-55...
Eustis, FL
577,750
I guess they need to see a copy of the mortgage documents they signed to see if her name is on that...??? I'm sure the bank or financial institution would have a copy.
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Debe Maxwell, CRS
Charlotte, NC
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Michael Jacobs
Pasadena, CA
1,292,741
I would say David M. Dwares has given you the answer.
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David M. Dwares
Fort Lauderdale, FL
2,781,173
Run credit reports, title reports furthered by the note holder and lender releases to substantiate...The lender requiring proof is the key here along with closure from all past claims
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Lyn Sims
Schaumburg, IL
1,052,211
Okay this may be blonde. But did you ask the lender what SPECIFICALLY they require? Ask them what they want, and how to get it. Let THEM tell you what is needed. You'll save tail-chasing time.
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Lyn Sims
Schaumburg, IL
5,583,278
I like many of the answers here, especially Nina Hollander 's....
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Nina Hollander, Broker
Charlotte, NC
375,087
Oh fun! I hope that David M. Dwares is able to help you! If the LO speaks with the underwriter and explains the situation, the UW will often come up with a few options of what they can take. It may need to go up to the UW manager for assistance in deciding what they will accept.
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David M. Dwares
Fort Lauderdale, FL
1,525,616
It looks like Nina Hollander and Debe Maxwell, CRS have experience in this area.
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Nina Hollander, Broker
Charlotte, NC
5,049,183
I think Nina Hollander has some wise advice.
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Nina Hollander, Broker
Charlotte, NC
3,071,489
1,045,440
I would assume the divorce decree would be helpful.. copy of the recorded note from the county? are what come to my mine Eileen Burns
5,868,544
4,434,127
4,319,419
3,986,258
Well the rules aredifferent in every state so it really depends on where you live as to the answer
6,393,404
I see some good advice here, foreclosure companies are alway a challenge to deal with.
3,988,007
Copy of the recorded Mortgage or Deed of Trust would tell the whole story.
1,622,432
Usually i follow a lender suggestion what they need, my title or escrow rep usually gets it.
417,221
Does it show on her credit report as a J means = joint? Copy of promissory note from ex-husband showing he was only person on the note (not the deed of trust a person can be on title but not on the note and not responsible for repayment). Satisfaction of mortgage doesn't exempt her from the timeline wait periods nor does divorce. 7 years for conventional and 3 for FHA. If was my file I would get my title company to pull prelim history on that property and get the dates. She needs to show divorce decree. Next have her call the lender (probably foreclosure was handled by another company- if you tell me the bank name I can get you a phone number. If the lender won't speak with her get a hold of exhusband on a joint phone call to the foreclosure lender if she wasn't on the note need his credit authorization in writing/ or at least his live voice on the phone. They have a copy of the note as pdf and can email or fax it
1,844,291
290,969
She, the buyer, should show a signed statement that removed her name off of the Note, which would have the date and signature on it, prior to her divorce Eileen Burns. Makes me wonder if she has one, as it should have been asked for and provided to the Lender with other paperwork.
2,684,009
Was the previous home in Florida? Clerk of the Court website / public record should have the mortgage... but they may not have recorded the note. Unless you can find a copy of the original Note, the lender is asking for the impossible. Real estate attorney or title attorney may have to be called in.
Let us know how it turns out!
1,311,397
In California, there would be a trail of recorded documents preceding the foreclosure that would have the borrower’s name on them. Current title company should be able to retrieve copies of such documents. I know your state may be different in this regard.
23,827
If buyer is still on speaking terms with the ex, ask them to provide a copy of the Note.
3,345,091
Oh good grief Eileen Burns - the things that come up out of the blue and the time spent to resolve them. My lender would be all over this. I know things are done differently in different parts of the nation. I am sorry you are dealing with this. I hope you get this resolved soon.
716,049
I'm not sure I quite understand the question completely. Perhaps my state process and the technical words are a tad different.
1,543,727
Ant Title Company can pull the records and the previous lender and or mortgage statements. Also, her divorce attorney would have a file.
427,257
I think having her provide the divorce decree to the lender, as well as a trip to the courthouse to get a copy of the previous note is the best I can think to do. Then when that fails, get her divorce attorney to attest to the facts.
7,836,134
4,800,082
1,153,794
I can usually retrieve that information from public records but her Title company / attorney for that property would be my next step.