Deed Questions


Here is my situation. My wife was living at our marital residence. We separated in February of last year. She moved out 15 January this year, and I moved in. She had missed two house payments with the mortgage company (telling me that the mortgage company said she could miss the two payments, but not getting any information about the person she talked to at the company) and dumped the whole thing in my lap. I didn’t have the $2000 to catch the house payments back up after moving, so I filed a hardship package with the mortgage company and spent many hours on the phone/filling out paperwork trying to save the house. My hardship package has been approved, and I am paying $1000 to them on good faith for the loan mod. I asked my wife for a letter stating that her income is not to be used in the loan mod and that she no longer resides at the residence, and to sign a quitclaim deed and she refused. Now I’m just trying to get the letter from her and her signatures on the papers to get the loan mod done, she still refused. My house foreclosure date is April 15th. Is there anything I can do to save my house?


You cannot force your wife to sign any paperwork unless she is required to under a Separation Agreement or court order.


I went through something very similar to this. My mortgage company finally agreed to do the modification with just my name, income & signature after my ex kept calling trying to stop the modification from being approved. I sent them a copy of the divorce decree. I guess it helped that he called them and told them that he’d rather let the house go into foreclosure than “allow” me to live there. Try calling them and telling them that she won’t cooperate, and you’d like to have the modification consider only your income. They don’t really want another house in their inventory.


Thanks for your help. I finally got her to sign the paperwork.