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Remove name of mortgage illegally

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Deb Whitehorn

Junior Member
What is the name of your state (only U.S. law)? My brother us going through a divorce..his wife has taking him through the ringer through the marriage and divorce...he just found out that he will be getting the house and the rental property in order for his wife to jeep her 401k worth about the same...since the filing of the divorce she has taken his name off the rental property with out him knowing..he can not refinance because he's paid everything he had to trying to defend himself..he's working part-time and he is unable to finance anything at this time.. What can he do?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? My brother us going through a divorce..his wife has taking him through the ringer through the marriage and divorce...he just found out that he will be getting the house and the rental property in order for his wife to jeep her 401k worth about the same...since the filing of the divorce she has taken his name off the rental property with out him knowing..he can not refinance because he's paid everything he had to trying to defend himself..he's working part-time and he is unable to finance anything at this time.. What can he do?
Please have your brother log on to ask his own questions. We may ask for information that you are not privy to. Thank you in advance for your understanding and cooperation.
 

adjusterjack

Senior Member
since the filing of the divorce she has taken his name off the rental property with out him knowing..
Agree with Zigner that your brother needs to post his own story and explain that because it should be impossible to accomplish without his signature on a deed.

Either you have no clue as to what really happened or he doesn't.
 

Deb Whitehorn

Junior Member
The state is Missouri

I do understand your asking me to have my brother log in to this sight but he's really not technically savvy..That's been one of the problems in his situation..he's a worker not a thinker and I do believe his son to be ex wife used that to her advantage to drag him through the mud..but yes his name is still on the deed but no longer on the mortgage loan..they told him that he would have to refinance the property in order to get his name back on there but we are trying to figure out how she took his name off to begin with...this while divorce has even surprised lawyers working on the case..
Isn't that fraud...
Also another question that has our family boggled..
Can the ex evict outer mother from this same property if my brother is on the deed and doesn't want my mom to move..

Thanks for any guidance that you can give our family
 

LdiJ

Senior Member
I do understand your asking me to have my brother log in to this sight but he's really not technically savvy..That's been one of the problems in his situation..he's a worker not a thinker and I do believe his son to be ex wife used that to her advantage to drag him through the mud..but yes his name is still on the deed but no longer on the mortgage loan..they told him that he would have to refinance the property in order to get his name back on there but we are trying to figure out how she took his name off to begin with...this while divorce has even surprised lawyers working on the case..
Isn't that fraud...
Also another question that has our family boggled..
Can the ex evict outer mother from this same property if my brother is on the deed and doesn't want my mom to move..

Thanks for any guidance that you can give our family
Ok, you do not understand things very well either. What matters in this case, to your brother, is being on the deed. That is what confers ownership to him. Being on the mortgage is unimportant to him as long as he is making the payments. However, being on the mortgage WILL matter very much to his soon to be ex-wife. She will want her name off the mortgage(s) if she is not an owner of the property. Therefore, she will want him to refinance the mortgage(s) to remove her name so that the mortgage(s) are no longer tying up her credit.

Generally what happens if someone cannot refinance, is the property is required to be sold to pay off the mortgage and give the net proceeds to whomever is supposed to get them.

I suspect that she did not actually remove your brother from the mortgage. A mortgage company would not allow her to do that. I suspect that your brother never was on the mortgage to that property, but only on the deed.
 

Deb Whitehorn

Junior Member
He was on both but somehow she removed him from both and he can't refinance because he's spent his saving trying to get through this weird divorce...she even weren't through eviction papers on my mom that lives in the house without my mom being served papers I don't know how's she's getting away with all of this illegally..since she did remove him, what are his option..
 

Silverplum

Senior Member
He was on both but somehow she removed him from both and he can't refinance because he's spent his saving trying to get through this weird divorce...she even weren't through eviction papers on my mom that lives in the house without my mom being served papers I don't know how's she's getting away with all of this illegally..since she did remove him, what are his option..
He can go to the mortgage bank/company and request a complete explanation.
 

Zigner

Senior Member, Non-Attorney
I bet that the brother did, in fact, sign paperwork at the last refi that turned over the property. OP just doesn't know it.
 

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