Legal Question in Real Estate Law in Florida

Hello,

I was granted the House, the Mortgage, title , deed, everything in my Divorce. he is a Felon-Doemstic Violence-with a warrant out for his arrest. I re-financed through fannie mae-(at least i thought i did) in 2008 with my ex...Now with him gone-I have a child, things have gotten rough. I called The Mortgage company to speak with them-and try to get help from all the government programs- they said they cant speak to me-because I am not on the loan? It turns out my ex-switched the mortgage at then end to chase instead of fannir mae-and omitted me? I pulled the papers at the courthouse-and the front page of the mortgage shows his name-and my name-but all the papers were just initialed by him=and there is one page with my signature on it? And yet they wont talk to me? So now I am behind-and I called for Help This Attorney claims he can help me get a modification on the house...But my second opinion said if Chase does not have you on the mortgage-you cannot get a modification. I asked the other lawyer this-and he said no-you can-through a different bank-as long as the deed and title are in your name...Is This True? Because I do not have money to throw away? Please help me. Thank You. Denise S.


Asked on 8/11/11, 8:39 am

1 Answer from Attorneys
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Denise S. The first question is who owns UR hm. now. U say U got the hm. in the divorce. Did the divorce decree convey his interest to U or did he sign a QC Deed 2 U? If U own the hm. by yourself alone, then depending on the size of the 1st mtg., U may B able 2 refinance. Chase will take $ from whoever offers it. Sounds as tho U signed the mtg. but not the note. If U R not obligated on the note, then I understand why Chase may not deal w/ U. This is critical as the note is the obligation to pay. The mtg. is just the collateral. Bye the bye, it may still B guaranteed by Fannie Mae. They guarantee mortgages and if U default, they take them back from the lender & end up owning the mtg. Please do not confuse Modification w/ Refinance. They R 2 different things. Both lawyers may B right.

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Answered on 8/11/11, 12:01 pm


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