Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-05-2004, 08:21 PM
Ladyhawke_18
Guest
 
Posts: n/a

Must she sign the papers??


What is the name of your state?What is the name of your state?

Hello, my name is Sasha. I'm 23. I live with my mom in Georgia. She has been separated from my father for 7 years. He resides in Kentucky, and he files taxes separately from she and I. He'd like to claim us, however he never supports us, so why should he? Why haven't they divorced? There are a few reasons. She still has a glimmer of hope that he might change his ways and we can be a family again, though that glimmer is fading fast. Besides that, there is a more practical reason. My father was in the military for neigh on 20 years. As long as they are legally married mom can use the military hospital and dentist and gets military insurance. It may seem like a small thing, but she and I have struggled a lot to stand on our own feet. Not to long ago niether of us were employed and we lived in lowly gov't housing. Now we both have good jobs, have our own car loans, and a decent apartment.

At any rate, here is the heart of the matter. My father has decided to purchase a house. He has TERRIBLE credit, but has appearantly worked very hard to get someone to agree to loan him the money. The only hurdle in his way is mom won't sign his papers. I told her not to because i don't want another of his mistakes affecting OUR credit. I don't want her to owe anyone when he can't pay his bills.

He insists that it is Kentucky law that since they are married, both must sign and the moment she signs he will send another paper along assuring her that she is not on the loan at all, just on the deed, or whatever, and soon after that he can even remove her from the deed if she wishes. I did not believe him, however even a representative from the bank giving him the loan (I think it is a bank) called to reassure my mom that he was telling the truth and we will not be negatively affected in anyway.

IS THAT TRUE??

The papers he sent us are only good for a short while, then he must pay to do it all again, which upsets him. He thinks we are just being mean and that we don't want him to be happy. He says if she continues to refuse to sign them (the main reason I don't want her to is that under her name it says BORROWER or APPLICANT and I don't want to owe a dime), that he will just send divorce papers, that way he won't need her signature.

And maybe it is time to get the divorce over with, however, it will put a great strain on mom and I, for both of us to be without medical insurance...in fact, if she tries to get the insurance for herself through her current job, they will take out of her paycheck, and we may not be able to afford this apartment. AT LEAST my own insurance should kick in within 50 days or so.

Please help us, anyone, if you can. We cannot even begin to afford a lawyer.

~Sasha
  #2  
Old 10-06-2004, 07:22 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
You're a good daughter. Keep on mom NOT to sign the papers.

There is no law anywhere that requires married people to purchase property together. Your father is talking about the requirement from the mortgage company.

Tell pappa to BITE ROCKS!
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #3  
Old 10-06-2004, 12:56 PM
Member
 
Join Date: Jul 2004
Posts: 42
Sounds like Dad is trying to get Mom to co-sign the mortgage loan. Apparently he will not qualify for the loan with out her signature and her good credit rating.

DO NOT LET HER SIGN THE PAPERS. She will be obligated to pay the mortgage if he goes into Default.

A mortgage company is not going to let her "qualify" him and then release her from the financial obligation. Nope no way no how.

If he needs for her Quick claim the property that paper work should have been included.

Sounds like Dad is trying to pull a fast one.
  #4  
Old 10-06-2004, 09:32 PM
Member
 
Join Date: Jul 2004
Location: Nashville, TN
Posts: 249
Sounds like Mom and Dad are both trying to get one over the other. So they've been separated for 7 years now and he has nearly 20 years in the Army? Hmmm. Wonder who is trying to mess over who.
  #5  
Old 10-07-2004, 01:26 PM
Ladyhawke_18
Guest
 
Posts: n/a

Thanks, Guys


You were all very right (except for Guru, lol). Mom just happened to bump into a former real estate agent at work and she looked at the papers. Dad has been lying through his teeth. He needed her to co-sign on the loan, just as we suspected. We sent the papers back, unsigned.

As for my mother trying to pull a fast one. That's a huge joke. You don't know her. She is from Panama and met my dad while he was stationed there. She's worked as a secretary her whole life. She wouldn't even know how to cheat someone, let alone would she want to. She's a dedicated Christian.

At any rate, he is pissed off, of course, and we expect will be sending the divorce papers along shortly. I think we're both relieved it will all finally be over. We've suffered a liftime of pain thanks to him. We'll find a way to afford medical insurance without retired military program help and somehow we'll find a way to procure a lawyer, too, I'm sure.

Anyway, thanks.
  #6  
Old 10-07-2004, 01:33 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Good girl. Now, tell mom to keep those cajones. She's going to get a lot of use out of them
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
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

All times are GMT -5. The time now is 02:10 PM.



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.