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You are asking for an assumption of the loan by you from you and your spouse.
Fannie Mae loans are not assumeable. Modification means that you don't qualify for the terms solely under your name if the loan were to become assumeable.
If your loan is Ginnie Mae it may be assumeable...
Paul might be right, but I would be prepared to submit a copy of your divorce decree, and the quit-claim deed your ex-spouse signed, as well as a well-worded hardship letter when you submit your financial documentation for the loan modification.
The actual modification document basically amends the terms of your existing note, and is recorded in public records.
They might be able to take her off, since she will not involved in the actual modification process, as they will be considering your income soley to work out a new payment plan, based on the modification guidelines recently released.
Either way, it definitely sounds like you would be eligible for a modification, so long as you meet the rest of the eligibility requirements.
Good luck!
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Will Home Affordable Modification plan remove ex-spouse name from loan?
mih66
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