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Can a loan be modified without both lenders agreeing on the terms?

Profile picture for ach23
My husband is still on a mortgage loan with his ex-wife. She is in default. The lender has talked about extending the mortgage out and tacking the payments onto the end of the loan. Can that be done without his consent since he is still on the loan?
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March 09 2010 - Osceola
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Answers (3)

Profile picture for ach23
I know there is something going on. About a year ago, we found out that she already had done this for 2 months of back payments. One of his grown children informed us that the lender did that for her. He had no idea that they did that and didn't know that both borrowers had to approve this. They have been divorced for 18 years. His attorney never told him to get off the loan when they divorced. Now he's paying the price of her lack of mortgage paying ability. Thanks for the advice. I'll make sure he contacts the lender.
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March 11 2010
Profile picture for simmsfirm
I hope no one is trying to pull a fast one because this could be considered fraud.  If he is on the mortgage then he has to be made aware of all changes to the mortgage.  And by the way, "extending the mortgage out and tacking the payments onto the end of the loan" is a material change that would absolutely require his consent.  Goodluck.
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March 11 2010
Profile picture for Martin Wareing
MODS are agreements with all borrowers and the lender.... simple answer: NO, not without his consent.
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March 09 2010
 

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