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"I'm Going to talk to the Bank....we can work this out," Claimed the Seller

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

 We are often referred to couples in our divorce niche who would like to creatively deal with their mortgages.  After both spouses no longer live under the same roof...it is not unusual for payments to stop. This may or may not be with the benefit of a  understanding.  The spouse still residing in the house, divorce housesometimes has primary placement of the children. A move means one more disruption in what is already a chaotic time of life and not welcomed by this about to be single parent.

     Talking to the bank will not change the months of delinquent payments. The bank will not accept a payment plan...OR even a lump sum to "catch up" on the missed payments...it is just not possible.

       The bank may likely suggest a loan modification.  How does that help in a divorcing situation ?  It does not...it cannot. It does not remove the legal upside down houseobligation of BOTH spouses to pay the mortgage. At some point, the divorce decree will read that the house must either be refinanced or sold. There is no refinancing available with payments missed and the house upside down. So shy then does the bank suggest a loan modificaton ?  To keep extracting money from people who can least afford it with no thought to anyone's happily ever after...they just want money. 

    Chats with the Bank accomplish nothing for the future of the homeowner with deilinquent payments.  Now it is no longer what you want to do...but what you have to do...a short sale is the answer. 

    If you find your spouse has not made mortgage payments...If you are a Wisconsin Family Law practitioner with clients in this situation...Call the Hansons we are honored to be of service for all things real estate.

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Sally and David. Sometimes you have to face the hard facts! Missed you yesterday at our Chicago meet-up. Great time for all! Know you were busy helping customers! Enjoy your day! 

Aug 05, 2016 11:00 PM
Sally K. & David L. Hanson

Sugar Wayne Martin we really really did want to be there...duty called...wish it were next week....sniffle....next time we HAVE to be there !

Aug 05, 2016 11:05 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Good morning, Sally and David - you present the facts -- although some may not want to hear/know them - they are important nonetheless.  

Aug 06, 2016 01:48 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Hi Sally and David- what couples need in this situation is someone like you two...someone who knows the ropes and will make sure that your interests are looked after. 

Aug 06, 2016 04:10 AM
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

Important message here, but not good news for some...

Aug 06, 2016 07:47 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally and David a divorce leaves the spouse who is left with the house caught between a rock and a hard place most of the time.  Unfortunately it is a lose lose position to be put in.

Aug 06, 2016 07:54 AM
Dianne Goode
Raleigh Cary Realty - Raleigh, NC
Realtor/Broker

I once helped an engaged couple to buy a home, but a week before the wedding they decided to split.  The young woman called to ask me, "Can I just give him my half of the house?"  You can, I told her.  You can give him a Quit Claim deed and walk away from your interest in the house.

What you can't do is give him your half of the mortgage!

Fortunately, he was able to refinance and get her off the mortgage too.  She was lucky.

Aug 06, 2016 08:21 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I do a lot of short sales in which one of the parties has already deeded the home to the other. But that doesn't relieve the other partner from participating in a short sale, and sometimes that can be a bit troublesome to gain the cooperation of a person who thought he or she had long ago washed hands of this matter. Not so if both names are on the mortgage.

Aug 06, 2016 11:22 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It's amazing how some people think their "friendly" local banker will help them with their delinquent mortgage payments.  (Maybe, they've watched it's a wonderful life a bit too many times.)

Aug 06, 2016 08:47 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

And I suppose, Sally and David, the first step is to even find someone at the bank who can or will even speak with you!

Aug 06, 2016 10:33 PM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Sally and David

The homeowners priority is to get the payment up to-date.

Good luck and success.

Lou Ludwig

Aug 07, 2016 12:16 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Unfortunately Lou Ludwig for as much sense as it does make...it is not the Bank's priority....nor will any bank allow a homeowner to play "catch up."

Aug 07, 2016 01:26 PM