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View Full Version : Lien and non ability to take over 2nd mortgage


bluejeangal
Aug 9, 2008, 08:30 AM
I hope you can help me on this one. I am going through divorce. Attorney put lien on house for his fees after assuring me his fees would be paid by husband. Called 2nd mortage company after making payments on loan for over 1 year by myself.. husband wouldnt help with marital debts and I had non where else to go so I keep making payments. Loan isnt even on my credit report and company states I dont have enough income for them to refinance with me and in order for them to not forclose on property, I have to make payment for next 25 years in his name. They state that I can't refinace for 1st and 2nd as the 2nd is in his name, but I signed also.. confused!!
question being:
If the second mortage on house is in husbands name and I have taken over making payments to keep home out of foreclosure, can I get a refinacne with another company and put 2 loans together to try and save my house?
If attorney put lien on house for fees, do they get paid before I can refinance?
confused

bluejeangal
Aug 9, 2008, 08:31 AM
Sorry, I live in Missouri

progunr
Aug 9, 2008, 08:43 AM
If there is a lien on the home, it must be paid before you could refinance, sell, or even transfer ownership.

If your name is not on the loan, it will not effect your credit, only his.

You may have to let it go, and try to find something you can afford and qualify for the mortgage on.