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can owner financed mortgage be renegotiated with additonal loans added without spouse of buyers consent?

by rae16k_636_370 from Orlando, Florida. Oct 22nd 2012 Reply


Travis Torcoletti (travis.torcoletti)
#0 ranked lender in South Carolina - 372 contributions

You need to contact a real estate atty in your state to discuss the implications of owner financing as each state has its own laws regarding that.

Oct 22nd 2012
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Joel Lobb (kentuckyloan)
#3 ranked lender in Kentucky - 192 contributions

You would need to contact a Florida Real Estate Attorney in my opinion.

Oct 22nd 2012
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

I'm not an attorney, so don't confuse my comments as legal advice, but If you're talking about obtaining a 2nd mortgage using owner financing, against a home you own jointly, then the answer is no.. The first mortgage lender will know a 2nd exists, and they wouldn't care at all.. However you will not be able to encumber the property with an additional 2nd lien without all owners of title agreeing to it.. So your spouse will have to sign to make it binding.. This whole question sounds fishy.. What are you up to?? Contact an attorney for a more accurate of the law in your state.. 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

Oct 22nd 2012
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Sean McGrover (sean2109)
#166 ranked lender in Florida - 18 contributions

Basically if the home is your primary home, when approaching a lender to add another loan to the property, the lender is going to request that both spouses sign for any new loan. If it is an investment property, then the buyer/borrower will not need the consent of the spouse nor will the lender request it. Lastly, I always suggest renegotiating owner financed loans. Many times, the owner financed loan is very negotiable and if you approach the owner with an all cash offer payoff ( i.e. refinace based on current market value of property), you can many times get a discounted payoff.I hope this information has helped you and good luck.

Oct 22nd 2012
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Phil Dumouchel (PhilDu)
#32 ranked lender in South Carolina - 2,249 contributions

Definitely contact an attorney or title company in the state where the property is located (FL?), don't go looking for legal advice online. Forums such as this can be helpful in giving you possible options and ideas to pursue with good real estate attorney (which title companies generally have on staff).

Oct 22nd 2012
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