Eileen Burns, FLorida Real Estate Connector   (Trans State Commercial RE Ft. Lauderdale/Miami/Palm Beach)

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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

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!

Apr 10, 2018 06:05 AM
Rainmaker
4,666,339
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

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?

Apr 10, 2018 05:38 AM
Rainmaker
736,094
Eileen Burns
Trans State Commercial RE Ft. Lauderdale/Miami/Palm Beach - Fort Lauderdale, FL
FLorida Real Estate Connector

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!

Apr 10, 2018 09:04 AM
Rainer
423,562
David M. Dwares
Title Professionals Corp. - Fort Lauderdale, FL
Title guy with a broker license

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.

Apr 10, 2018 06:35 AM
Rainmaker
592,488
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

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.

Apr 10, 2018 05:41 AM
Rainmaker
4,723,083
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Time to find a competent lender or a title company that can explain to the current lender the error of their ways!

Apr 10, 2018 05:55 AM
Rainmaker
1,449,712
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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.

Apr 10, 2018 09:07 AM
Rainmaker
5,770,338
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Eileen,

I would take Nina Hollander 's advice.  A

Apr 10, 2018 06:15 AM
Rainmaker
4,356,350
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

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.

Apr 10, 2018 05:58 AM
Rainmaker
3,404,074
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

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

Apr 10, 2018 05:51 AM
Rainmaker
564,028
Maria Sapio
Keller Williams of Central PA - Carlisle, PA
Real Estate Agent- Carlisle, PA. Mariasapio.com

Nina Hollander has offered a good option...

Apr 10, 2018 05:41 AM
Rainmaker
2,083,534
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Strange ?

Apr 10, 2018 05:21 AM
Rainmaker
577,350
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

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.

Apr 10, 2018 05:17 AM
Rainmaker
1,199,124
Nick Vandekar, 610-203-4543
Long & Foster Real Estate Inc 610-225-7400 - Devon, PA
Selling the Main Line & Chester County

I would say David M. Dwares has given you the answer.

Apr 10, 2018 02:03 PM
Rainmaker
2,711,449
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

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

Apr 10, 2018 11:05 AM
Rainmaker
967,073
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

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.

Apr 10, 2018 09:45 AM
Rainmaker
5,581,678
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I like many of the answers here, especially Nina Hollander 's....

Apr 10, 2018 09:34 AM
Rainer
338,087
Libby Cousins
Extraordinary Processing - Spokane, WA
Contract Mortgage Processor, licensed in WA

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.

Apr 10, 2018 09:24 AM
Rainmaker
1,525,405
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

It looks like Nina Hollander and Debe Maxwell, CRS have experience in this area.

Apr 10, 2018 07:22 AM
Ambassador
4,823,739
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I think Nina Hollander has some wise advice.

Apr 10, 2018 07:21 AM
Rainmaker
3,071,034
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Time for a new lender?

Apr 10, 2018 05:38 AM
Rainmaker
1,045,215
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

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 

Apr 16, 2018 03:02 PM
Rainmaker
5,490,302
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I have not seen this issue lately, so reading comments.

Apr 12, 2018 08:21 AM
Rainmaker
4,433,859
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck

Apr 11, 2018 04:46 AM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Eileen Burns - great answer from Debe Maxwell, CRS.

Apr 10, 2018 09:59 PM
Rainmaker
3,986,050
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Well the rules aredifferent in every state so it really depends on where  you live as to the answer

Apr 10, 2018 08:58 PM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I see some good advice here, foreclosure companies are alway a challenge to deal with.

Apr 10, 2018 08:04 PM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Copy of the recorded Mortgage or Deed of Trust would tell the whole story.

Apr 10, 2018 07:14 PM
Rainmaker
1,578,023
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Usually i follow a lender suggestion what they need, my title or escrow rep usually gets it. 

Apr 10, 2018 03:07 PM
Rainer
366,158
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

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

Apr 10, 2018 03:00 PM
Rainmaker
1,786,375
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Get a copy of the note & mortgage online at the recorders office.

Apr 10, 2018 12:05 PM
Rainmaker
290,619
Allie Angeloni
Long Realty - Oro Valley, AZ

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.

Apr 10, 2018 11:21 AM
Ambassador
2,623,979
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

   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!

Apr 10, 2018 09:02 AM
Rainmaker
1,092,591
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

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.

Apr 10, 2018 08:57 AM
Rainer
23,827
Andrea Moore
Welcome Home Loans, LLC - Winter Garden, FL

If buyer is still on speaking terms with the ex, ask them to provide a copy of the Note.

Apr 10, 2018 07:58 AM
Ambassador
3,191,533
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

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.

Apr 10, 2018 07:51 AM
Rainmaker
712,619
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

I'm not sure I quite understand the question completely. Perhaps my state process and the technical words are a tad different.

Apr 10, 2018 07:34 AM
Rainmaker
1,394,728
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Ant Title Company can pull the records and the previous lender and or mortgage statements. Also, her divorce attorney would have a file.

Apr 10, 2018 07:11 AM
Rainer
373,164
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

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.

Apr 10, 2018 06:52 AM
Rainmaker
7,235,769
Roy Kelley
Retired - Gaithersburg, MD

The title search should be able to resolve this question.

Apr 10, 2018 06:38 AM
Rainmaker
4,799,763
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't have a clue.

Apr 10, 2018 06:26 AM
Rainmaker
1,152,273
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

I can usually retrieve that information from public records but her Title company / attorney for that property would be my next step.

Apr 10, 2018 06:06 AM