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    bigeyeslooking's Avatar
    bigeyeslooking Posts: 2, Reputation: 1
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    #1

    Nov 23, 2006, 09:03 PM
    Refinance and payment to divorce party
    If two people divorce and one name is taken off the deed but not the mortgage can the othet party refinance the house and the other party not be informed or not bought out?
    The mediation says the person that got the house is responsible for the house and has to sell or refinance to buy the other person out, can the house be sold or refinanced without the other person not getting paid?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 24, 2006, 08:19 AM
    Yes, of course they can. Once the name is off the deed they can sell or mortgage the house.

    Also if your name is still on the mortgage, if the other party does not pay, nad the home is foreclosed, the mortgage company will still come after you, and your only resourse after your credit is ruined, is to go to divorce court and try and make them pay you back.

    The home needs to be sold or they need to re-finance and take your name off that mortgage
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