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Can my husband buy my house?

I purchased the house we live in before we were married. I filed Chapter 7, included the mortgage, and did not reaffirm. We have not missed a single payment and are not underwater. We just want to continue living in the house but want a better interest rate. Is it possible for my husband to refinance the house in his name or would he need to just buy it from me? by bjwill_196_330 from Great Mills, Maryland. Jan 22nd 2013 Reply


Linda Wintersteen (Linda123)
#63 ranked lender in Arizona - 1,256 contributions

First, when did you file chapter 7? what are the property laws in your state? communiity property?/ linda yourloanpartnerforlife@live.com

Jan 22nd 2013
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Scott Kinne (Skinne)
#27 ranked lender in Virginia - 74 contributions

The first question is - When did you file Chapter 7 and when was it discharged. If it has been discharged over 2 years then you may be able to stay on the loan for a refinance. If all this has occured recently, and your husband is not currently on Title to the property, then the transaction would considered a "purchase" transaction and you could "gift" the equity in the house to him so he wouldn't really need to come up with any down payment. However, this type of transaction usually requires at least 20% equity in the property. IF your husband has been on Title to the property for 6-12 months then he may be able to refinance the property into just his name. Please call me to discuss further. Scott Kinne - First Heritage Mortgage - NMLS# 182351 - 703-293-6146 (Fairfax Virginia).

Jan 22nd 2013
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Filed back in 2010. My husband is not on the title or loan. I had refinanced several times and the principal grew larger than the value, but now its no longer upside down. He wants to make a decent down payment and get the payments lowered. We like the house and want to stay, even though we know the obligation is discharged.

Jan 22nd 2013
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Steven Ceceri (123LoanYes)
#12 ranked lender in Rhode Island - 723 contributions

Sounds like a fairly easy transaction to work with. There may be a chance to refinance the loan with just your husband (if needed) if the mortgage payments can be proven to have been paid through a joint account. The Deed would have to have his name on it, but your name should be able to remain as well. I'd be happy to work on this file for you!

Jan 22nd 2013
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Michelle Curtis Loan Originator NMLS 401173 (MichelleCurtisLO)
#77 ranked lender in Florida - 2,245 contributions

If you haven't had any lates since you filed BK then it may be beneficial to add your husband to title and refinance the loan. We would need some more information to figure out the best way to handle your situation.

Jan 22nd 2013
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

Your scenario boarders on several key determining factors.. So it's not a cut and dry yes or no.. The quick answer is yes.. it can be done... but without looking at the complete scenario, it's hard to say.. The best advice I can give you is to contact a LOCAL mortgage broker and apply with them. Do not use the local "Big" bank, or one of those 50 states internet lenders or nationwide lenders...By applying with your LOCAL Broker, you have an advantage because he's familiar with local customs and works with numerous lenders, seeking out the best loan terms for your particular scenario. Because he has lower overhead, he can offer you lower rates and lower fees than most of the larger lenders.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Jan 22nd 2013
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Phil Dumouchel (PhilDu)
#32 ranked lender in South Carolina - 2,249 contributions

As many have said, the details will determine what is possible. Select an experienced and knowledgable loan officer from any reputable company (it's the person that matters, not what company are at) and work with them. Good luck.

Jan 22nd 2013
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Peter Botros (PeterBotros)
#70 ranked lender in New York - 895 contributions

need more details

Jan 24th 2013
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