HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-31-2006, 11:11 AM
Junior Member
 
Join Date: Nov 2005
Posts: 3
Question

Divorce/Loan assumption??


Hi,

My friend is in the process of a divorce (CA), she will be granted one of the three homes. Husband and wife are still on the loan. She wants to keep the low interest rate, can she just ask the lender to take off husband's name and continue paying the loan or does she have to refinance or assume loan or do any other thing?

Husband claims she needs to refinance forcing her to pay higher mortgage and ultimatily forcing her to abandon property.



Grateful for any input!!

Tanja
Reply With Quote
  #2  
Old 01-31-2006, 11:35 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 27,494
Quote:
Originally Posted by Tanjadarling
Hi,

My friend is in the process of a divorce (CA), she will be granted one of the three homes. Husband and wife are still on the loan. She wants to keep the low interest rate, can she just ask the lender to take off husband's name and continue paying the loan or does she have to refinance or assume loan or do any other thing?

Husband claims she needs to refinance forcing her to pay higher mortgage and ultimatily forcing her to abandon property.



Grateful for any input!!

Tanja

Q: She wants to keep the low interest rate, can she just ask the lender to take off husband's name and continue paying the loan or does she have to refinance or assume loan or do any other thing?

A: Yes, she may ask; no, it will not be done.
__________________
My signature is not working.
Reply With Quote
  #3  
Old 01-31-2006, 12:03 PM
Senior Member
 
Join Date: Aug 2005
Posts: 1,964
Quote:
Originally Posted by Tanjadarling
Hi,

can she just ask the lender
Tanja
Why DOESN'T she just ask these questions of the lender?

Their response will in part be governed by the original mortgage and the assumability, or lack thereof, of that loan.

But certainly no one here can answer the question with any accuracy.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 01:56 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.