Elawyers Elawyers
Ohio| Change
Asked in CA May 19, 2022 ,  0 answers
If I sign a Quitclaim Deed to remove my responsibility to a property a co-own with my ex-wife, will be financially responsible if she defaults on the loan and the property goes into foreclosure?
Data From  LAWGURU_Question

2 Answers

Anonymous
Reply

Posted on / Dec. 30, 2013 14:37:00

I mostly agree with Mr. Whipple. My perspective diverges only on the issue of how standard it is for lenders to re-write the financing. Lenders made the joint loan based on joint income, joint assets, etc. They will not just automatically re-write the loan to have only one person and half the assets backing the loan. The spouse who gets the house will have to qualify for the loan alone. Some lenders will do this as a loan modification for a fee, provided the spouse staying on the loan qualifies and the old loan is more favorable to the lender than current loans (e.g. higher interest rate). Many, probably at least a majority, of the lenders, however, require a full refinance, particularly if the joint loan is on better terms for the borrower than the current lending environment.

Anonymous
Reply

Posted on / Dec. 30, 2013 14:37:00

I mostly agree with Mr. Whipple. My perspective diverges only on the issue of how standard it is for lenders to re-write the financing. Lenders made the joint loan based on joint income, joint assets, etc. They will not just automatically re-write the loan to have only one person and half the assets backing the loan. The spouse who gets the house will have to qualify for the loan alone. Some lenders will do this as a loan modification for a fee, provided the spouse staying on the loan qualifies and the old loan is more favorable to the lender than current loans (e.g. higher interest rate). Many, probably at least a majority, of the lenders, however, require a full refinance, particularly if the joint loan is on better terms for the borrower than the current lending environment.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer