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    mab5094's Avatar
    mab5094 Posts: 2, Reputation: 1
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    #1

    Apr 18, 2012, 09:51 AM
    Refinancing after divorce
    I am divorced and my ex-wife filed bankruptcy before the divorce was final. I was awarded the mobile home in the final divorce decree and I have continued to make all payments. I have since remarried and I am trying to refinance but my ex-wifes name is still on the title of the house. The loan company I am trying to use said she must sign for me to get the loan. If she refuses what are my options?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 18, 2012, 09:53 AM
    You need to get a NEW loan, not a refi, with a new loan, the a new deed is done without ex. Ex will need to sign, which I am sure she was ordered to do.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 18, 2012, 10:16 AM
    Quote Originally Posted by mab5094 View Post
    ... I was awarded the mobile home in the final divorce decree ... but my ex-wifes name is still on the title ...
    Ask the divorce court to order her to sign off on the title.
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    mab5094 Posts: 2, Reputation: 1
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    #4

    Apr 18, 2012, 10:35 AM
    Quote Originally Posted by Fr_Chuck View Post
    You need to get a NEW loan, not a refi, with a new loan, the a new deed is done without ex. Ex will need to sign, which I am sure she was ordered to do.
    Thank you for the reply. I didn't even think of that when I started the refinance process. If I can get my ex-wife to sign will it take everything out of her name at that point?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Apr 18, 2012, 11:08 AM
    Quote Originally Posted by mab5094 View Post
    ... If I can get my ex-wife to sign will it take everything out of her name at that point?
    Yes, that's what signing off on the title means.

    If you mean her liablility under the mortgage note, she would have been discharged of that in the bankruptcy anyway.

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