Can I do a short sale on my property without the consent of my ex-husband if he is the co-borrower on the mortgage but I’m the only one on the deed?

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Can I do a short sale on my property without the consent of my ex-husband if he is the co-borrower on the mortgage but I’m the only one on the deed?

My ex is refusing to cooperate with a short sale, even though he does not want or can afford the home. The lender has refused to give me a modification after attempting for a year and half to get one. I was awarded the home and the responsibility to pay the mortgage in the divorce settlement, but bec of my dec in income I am unable to afford the current mortgage. The lender has been pressuring me to do a short sale, to which I now agree.

Asked on June 3, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon everything you state here it appears that you are the legal the owner of the home but I really would not do anything with out a court order.  That means yes, going to court and getting the okay to sell.  And fast.  And make sure that the lender waives the deficiency in the short sale or you will still owe on the loan.  Good luck.


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