How can I get a mortgage modification approved?

UPDATED: Jun 20, 2012

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How can I get a mortgage modification approved?

I applied for loan modification. My ex and I purchased the house together to provide a home for our children even though we had been divorced for 4 years. The mortgage company doesn’t want to proceed because the divorce decree doesn’t say I have the property. We did not own it then. He has since signed a quit claim. He has never lived here or made a payment. I have explained this to them over and over. What can I do, if anything?

Asked on June 20, 2012 under Real Estate Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

My experience with mortgage mofication requests is that the lenders holding the mortgage on one's home are so inundated with requests for modifications from individual homeowners that many people are simply ignored as to their requests.

In your situation, I suggest that you consult with an attorney who specializes in home loan modifications. Such attorneys generally have much better success in getting a satisfactory result for a homeowner and are better in getting contact with the lender's representatives as opposed to a non-attorney.

As to your dissolution and the issues concerning the home, I suggest that you retain a family law attorney to draft up an amended dissolution agreement to be signed by your "ex", file it with the court where the dissolution action happened along with a proposed judgment stating that there was no real property of your marriage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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