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can you use a loan modification to get an ex- husband off of a mortgage

my attorney says he can get him off of the title and deed but not sure about mortgage.  house has a mortgage highed than value right now.  am current of payments but not sure if i jhave enought income to refinance on my own at present loan amount.
  • March 20 2009 - Naples
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Answers (2)

To get your ex-husband off the mortgage, you must refinance and get a new mortgage.

A loan modification is where you can have late payments deferred or added on to the back end of the loan, and/or have the mortgage balance and/or payments reduced to bring your current mortgage nore in line with the home's value. As you are divorced (or getting divroced), you will have a reduced income and this can create a hardship case. This is will make it easier for you to press your case for a loan modification. If you decide to go that route, make sure you use an experienced attorney who provides money back guarantees in case he is unsuccesful on bringing you a loan modification to satisy you. 

Your other option is to sell or attempt to sell the house. As you owe more than the home's value, this will be a short sale - and you will need the approval of the mortgage company.
  • March 20 2009
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A modification is not like a refinance in where you can change the names of who is on the mortgage. You would not be able to do that.

  • March 20 2009
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