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my wife has a mortgage loan in her name but the house is in her parents name

years ago my wife took over (i think purchased) her parents house so they wouldn't loose it due to some money issues i'm not totally clear about. the house at this point has a first and a second on it. they are upside down on the second loan and it is with another bank. her mom wants to get back on the loan but because the house wont appraise for the sum of both loans she can only get on the first loan with my wife still on the loan. after talking to chase the other day we found out that my wife is not even on the title to the house. so the loan is in her name and the house in her parents name. How is that possible and is there a way to get out of these two loans if my wife doesn't have the colateral to back up the loans? i would like to be out from under this house because it is not ours and her mom would like to take it back over. what can we do? by chrisj_992_146 from Irving, Texas. Dec 17th 2012 Reply


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

You can be on the mortgage but not on the title... this is common for folks who don't have sufficient income or credit to purchase a home on their own, so they get a co-borrower... the co-borrower can be obligated for the loan, but not be on the title... So for your wife, she cannot just remove herself from the obligation... FHA allows for 97.75% loan to value (LTV).. so if your parents pay down their 2nd mortgage to that LTV, then they can refinance and remove your wife.. (Assuming her parents can now qualify on their own).. 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

Dec 17th 2012
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Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 2,431 contributions

Sadly, it is quite common for someone to have the loan in their name and no longer own the property. This almost always happens when the owner, after the loan is made, transfers ownership to someone else. An example is a husband and Wife own a home with a loan. During the divorce, the wife signs away ownership to the husband because he is keeping the house. The problem is, transferring title does not transfer the loan obligation. Instead of working with Chase, your wife should be talking to a Mortgage Professional that has access to many investors. You can find one at the National Association of Mortgage Professionals at: http://www.namb.org/assnfe/SearchBroker.asp?SnID=1921118381 . ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ Licensed in California and Arizona ~ www.LoansA2z.com 888-889-9950

Dec 18th 2012
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Gilbert Barteau (gbarteau)
#100 ranked lender in Texas - 41 contributions

It is possible to be a guarantor on a loan without owning the home (name on title). It sounds as if that is the case with your wife and her parents' home. My recommendation would be to talk to both lenders. Your options are limited, especially with the 2nd mortgage lender. They look at your wife as having made a promise to pay and will expect her to hold up her end of the bargain. You may want to consider paying off the 2nd to get out of the obligation. The lender may even accept a short payoff, considering they are not fully collateralized. Keep in mind a short payoff will affect her credit rating. If you have the funds to pay off the lien, you could work out a payment arrangement with your in-laws. Good luck.

Dec 17th 2012
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Chris - I can help you out, but need a little more information. The previous comments were spot on. We are located in Dallas, and we are a direct lender, not a broker. Please give me a call so we can attempt to get this resolved. It may be tough, but do-able. I'm happy to help you though. James Terrell, Gold Star Mortgage Financial 214-501-0613. 17732 Preston Rd, Suite 200, Dallas, TX 75252jterrell@goldstarfinancial.com

Dec 18th 2012
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Linda Wintersteen (Linda123)
#63 ranked lender in Arizona - 1,256 contributions

can her parents real qualify for the mortgage? that is the first step to take, and if not , there might be another option.. what RATE is the current mortgages at ? linda yourloanparnerforliffe@live.com linda

Dec 18th 2012
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