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Confused

my ex husband is on the motgage loan but not on the title ( it was my property before we were married) i would like to sell it to him . bank says he quaifies for a loan but not on this house because his name not on the title .to loan him money on this would be like a bail out I'm not getting it. by nurmdst from Scottsville, Virginia. May 9th 2011 Reply


Ed OConnor (eoconnor)
#29 ranked lender in New York - 2 contributions

It has to do with what's called "continuity of obligation". But, it seems you will have that since he is on the mortgage already. the next problem becomes what is called "seasoning" for being on title. As far as a bailout is concerned, are you behind on the mortgage? Owe too much? Please contact me at eoconnor@ourcustomersfirst.com with more details.

May 9th 2011
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Chris Gummerson (cgummerson11)
#397 ranked lender in California - 648 contributions

You stated that your ex is on the mortgage loan, but not on title? That should not have happened. A borrower is always on title to the property the loan is secured by. Likewise, you CAN be on title and not on the loan. But you cant be on the loan and not on title. If someone made a mistake at closing your last loan, contact the title/escrow company and have the corrections made. If not, you should be able to add him on title, have him pay mortgage or taxes ect. Then you should be able to refi after a few months. With the housing collapse, underwriters are very picky on loans, Its their name on the line now. So if the UW says that you are being bailed out by your ex, you should find another lender. If you are upside down or defaulted, I could see how the lender would see this as a bailout. But if you have equity in the property, you should be able to get the title issue resolved. Feel free to follow up.

May 9th 2011
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Gianni Cerretani (mortgagegodfather)
#32 ranked lender in Georgia - 238 contributions

That makes no sense because in order for your ex husband to be on the loan he must be on the title. He can be on the title but not the loan. Either way it seems like a mistake with the filing of the title. You should be able to refinance the home into his name and quit claim yourself off of title which would exclude you from any liability on the home. You would not be on the loan or the title. If you need any more help with this issue please feel free to call or email me at any time.

May 9th 2011
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