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my wife has our house in her name only (purcahsed and prior to our marriage.)

Profile picture for raydebord
she has a first and second mortgage on it .Is it legal for me to buy it from her to get rid of second mortgage,if hose appraises for more than loans. what can we do?
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July 14 2011 - US
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Answers (7)

Profile picture for Under640FicoScoreLns
Yes, it is important to know if your upside down in equity or if you have actual equity to know what to advise you in an answer...
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July 15 2011
Profile picture for LUXURY HOME LOANS CA
Ray,

I think you meant if the house appraises for less than what is owed. If that is the case, you can refinance with a cash-in mortgage with you on the  loan. Meaning you will pay the deficiency at settlement. This would work out much easier than buying her out and paying the difference.

Happy funding, Rudi
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July 14 2011
Profile picture for Under640FicoScoreLns
This question doesn't make sense. If the house appraises for more than the balances of both the first and second then she can refinance and have one mortgage. If you mean that the house appraises for less than the loans, then the bank isn't going to agree to anything non arms length transaction such as a short sale to you. You need to clarify the question to get a more defined answer. If the house appraises for more than the loans, is she employed or do you need both of your incomes to refinance? If the house value is more than the loans then you can do whatever you want, buy it from her, refinance with you on title. I need to know if you are simply trying to get rid of the second mortgage, then refinance. If in fact the value is more than the balances of both loans, you can do anything.
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July 14 2011
Profile picture for JayEmerson
Don't ask a Realtor for legal advice.  Hire a Realtor who has a lawyer on their team or hire your own.  This is a legal question.
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July 14 2011
Profile picture for wetdawgs
What is your goal?  If the house appraises for more than the combined loans, what is the concern?

It is not legal for you to buy her out as a short sale. 

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July 14 2011
Profile picture for Sharon Lewis
Are you getting divorced? If not just refinance with both of you. Talk to a mortgage broker, ok?
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July 14 2011
Profile picture for Joe Cafiero
Raydebord....Why not just refinance keeping her on the loan.  Depending on how much the house appraises over the value of the loans, yes you can combine into one loan.
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July 14 2011
 

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