Mortgage loan

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Mortgage loan

Im not sure Im in the right area, but Im in a
situation that I cant seem to find the solution
to. Me and my partner bought a house in 2006
in Arlington Texas. Unfortunately we have
separated for about 6 yrs now. I was trying to
get a modification of my loan, but in order for
them to approve it they need my partners
signature or sign the house over to me quit
claim deed. Unfortunately i have lost contact
him and I have not heard from him I months.
So Im stuck and I dont know what to do in this
situation.

Asked on March 30, 2018 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since a mortgage is a legally binding contract, like all other contracts is cannot be modified wiothout the signatures of all parties to it. Accordingly, you will need to track down your ex-partner. If necessary, you can hire a private investigator.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are indeed stuck without him--you need to find him somehow. The mortgage is a contract: like any other contract, it cannot be modified in any way without the consent of all parties (all signatories) to it. Legally, it cannot be modified without his agreement. You may need to hire an investigator or detective to find him.


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 AttorneyPages.com 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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