
Three similar stories in the last three weeks. Three women had contacted me to help them find a home before the April 30th deadline. They all shared an increasingly common problem.
Their final divorce decree had been written to remove them from title on the marital home, and the loan that accompanied it. There was one major problem.
Just because a final divorce settlement states that someone will be removed from a loan does not necessarily mean that automatically happens. In fact, it rarely does. Lenders generally do not modify loans to remove a borrower.
The procedure usually requires the person remaining in the home refinance to pay off the present loan. Frequently this is the only remedy to remove a co borrower from this financial obligation.
It's been my experience that many attorneys are unaware of this. Apparently they believe the only requirement is the final settlement state a party be removed from the loan for that to occur.
When working with divorcing clients and customers, please be sure to verify that they no longer have the previous loan on their credit report. If they do, it will take some time to have the situation corrected and usually causes additional stress to an already fragile individual.
Joan Rogliano has been practicing real estate for 25 years. She is a Certified Luxury Home Marketing Specialist and a Certified Real Estate Divorce Specialist.