Is a mortgage valid if a name is missing from the title?

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Here is the situation. I purchased a home with my now ex-husband. Wen our divorce was final, a quick claim deed was submitted to remove his name. In 2006 I refinanced the mortgage with my now ex-boyfriend. I have a 4 restraining order on the ex-boyfriend, who now lives in another state. The ex-boyfriend was never added to the deed/title, it’s believed to be the bank error. The home is now in foreclosure. I’m wondering if the loan is valid? Also the bank had agreed to do a loan modification solely on my information. When I asked them to confirm that the modification was giving me 100% responsibility. They told me a week later that do to the law. the modification would require the ex-boyfriend signature. They said according to the law, they could not do the modification solely in my name because the ex-boyfriend is on the current loan. Is this true? I live in the State of Wisconsin.

13 Comments
  1. Reply
    someone
    February 3, 2011 at 7:29 pm

    Of course it is. Taking out a mortgage with boyfriend does NOT put his name on the deed that is another thing entirely.

  2. Reply
    Landlord
    February 3, 2011 at 8:28 pm

    The mortgage is valid, you need to refinance, not modify your loan.

  3. Reply
    Mr Placid
    February 3, 2011 at 9:22 pm

    1. Yes the 2006 refinance is valid. The title and the mortgage are two separate things. As long as YOU signed for the mortgage, and YOU are sole owner of the property, the mortgage is valid.

    2. No, ex boyfriend’s signature is not required. Ask “they” to provide you a copy of the law that supposedly states your boyfriend’s signature is required.

  4. Reply
    Robert E
    February 3, 2011 at 9:51 pm

    This is definitely a gray area. Since there are different laws in different states concerning loan modifications. Since you have some discrepancies in your mortgage agreement you might want to consider doing a search for a forensic mortgage loan specialist.

    If you have not spoken to a loan modification attorney and you used a service that hires specialists, I would consider shopping around for one that utilizes the services of attorneys.

  5. Reply
    confesstivity
    February 3, 2011 at 10:38 pm

    Truth… Truth… WE CAN’T HANDLE THE TRUTH! If we really knew what the government has F’d up behind our backs and without our consent, we may want to leave this earth out of fear of the real consequences! Furthermore… illegal immigrants shouldn oth ave been able to get property any danm way!!! we are in this situation because our economy can not support all of these damn illigal immigrants!!!!!!!!

  6. Reply
    layla
    February 3, 2011 at 11:14 pm

    sure it’s to help illegals, if it wasn’t for the illegals we wouldn’t be in this mess now. i read united states citizens bombarded congress and told them to vote no on the bail out, they listened and voted no. now bush and his flunkies are left in shock.

  7. Reply
    fragglerockqueen
    February 3, 2011 at 11:27 pm

    Once again, Kat, you speak in half truths to further your cause about how everything is the fault of illegal immigrants (particularly Mexicans).

    First and foremost, many more banks do NOT offer services to people without Social Security numbers and only a Matricula than before. The few remaining (i.e. – Bank of America) seem to be able to take care of themselves. The others – such as WaMu – have many more AMERICAN clients that default on their loans than do illegal immigrants.

    Second, notice how your article states “thousands” of illegal immigrants will receive relief from foreclosure? How about the multitudes of Americans that will benefit from it… IF both parties can ever come to an agreement?

    Lastly, why should anyone who is paying taxes on their property not be able to benefit from such services? If they were allowed the mortgage to begin with (most often secured by using their ITIN), then the fault SHOULD fall on the banks.

    So, if you really want to kill the problem of illegal immigration, why not go after the big dogs (businesses) instead of chasing around the little fishies?

    EDIT: Kat, you write that they should not be allowed homes and that I provide lame excuses. I remind YOU… if they should not be allowed to own homes, then why aren’t you raising more of a fuss against the businesses that enable them to do so instead of the immigrants themselves? What are the immigrants doing? Holding a gun to the mortgage loan officer’s head and demanding they be approved for a loan? If you want to fix the problem, go to the source. In other words… s*** or get off the pot.

  8. Reply
    MowYourOwnLawn
    February 4, 2011 at 12:09 am

    I agree. For years they pushed the idea that everybody has a right to own a home and now we realize that not everybody is ready to own. I cant believe that there is a chance the government is going to support illegals like this. Don’t listen to greasy’s diluted leftest agenda, all of his copy?past links are trash and not worth clicking.

  9. Reply
    GreasyTony
    February 4, 2011 at 12:56 am

    You already asked this question last night in your other account “I’m going to start another riot”. We all know you are the same person! A BLOG IS YOUR SOURCE?????? please provide something more reliable.

    The majority of the loans that have gone into foreclosure are a result of the immigration laws and inhumne brutal raids. Illegal immigrants were paying their loans on time, but now all that has changed. Why? because a lot of people thought it was good for the country to get rid of them……NOT! Illegals are just as likely, and sometimes less likely to default on loans then US Citizens. There’s the pride in home ownership that comes with that to.

    http://www.freerepublic.com/focus/f-news/1912546/posts
    Despite the downturn of the mortgage market, a type of home loan has remained surprisingly sturdy: one extended to illegal immigrants.

    Now, the question is whether these loans will continue to hold up. A number of factors — including a possible government crackdown on illegal workers and a slowdown in job prospects for undocumented laborers — threaten the ability of these borrowers to keep paying. And there are signs of a slowdown as some lenders have raised the interest rates they charge because of the recent mayhem in the credit markets

    “Our default level is almost zero,” says Scott Hastings, director of marketing for Citizens Home Loan Inc., a Charlotte, N.C.-based lender that is active in 33 states. The bank has been originating ITIN mortgages for almost two years, and the loans now make up about 20% of the institution’s mortgage business. “It’s an absolutely promising market. These Hispanic families will pay their mortgage before anything else.”

    http://money.cnn.com/2005/08/08/news/economy/illegal_immigrants/index.htm
    A common misperception that illegal immigrants will be more likely to default on their loans than a documented resident. But the company has found that there is no higher rate of default in this loan portfolio than any other market the company serves.

  10. Reply
    Bernanke
    February 4, 2011 at 1:03 am

    you cant possibly be serious! listen I don’t agree with the bail out but that’s because i don’t think the government should buy private institutions…

    I do wonder why you don’t think illegals should by property, i mean all things consider its their money and they are spending it in the US which is a good thing. its like saying you don’t want foreigners owning property in the US which is ludicrous!

    we shouldn’t have to bail anyone if anyone was to stupid to pick a loan he/she couldn’t afford, pay the consequences.

  11. Reply
    Postville
    February 4, 2011 at 1:29 am

    Im sorry, but I have to say, what the Freak Tony????? You are telling us that a majority of the loans that illegals defaulted on are due to the fact that effective workplace raids make them afraid and they just up and leave without regards to their finances( mortgages)… OK…. Your really reaching for sympathy today… What you are really saying that it is the governments fault that car thieves are afraid to drive around in stolen cars… Well no Shite… I am not going to sit here and debate the fact that government let us down by giving illegals the right to own prop by making lending requirements that much easier… I am just going to question the sanity of people with questionable status… So there it is 50/50 blame all the way around. I blame 50 % on the banks that folded under gov pressure to provide equal housing opportunities for all, and 50% on the idiot that said “I am breaking the law( being here illegally) but I am going to stick all my money into a house that I am not sure how long I will be able to stay”:….How much sense does that make to you.. That’s like installing a pool in a rental property…. Use your head…..

  12. Reply
    Joe C
    February 4, 2011 at 2:14 am

    I have not researched this topic in detail but illegal immigrants cannot own homes, take out loans from U.S banks, have driver’s licenses, vote, or have a say in internal U.S. affairs because they are in this country illegally. It is that simple.

    You have to understand there are special interest groups, corrupted government officials, and law-breaking big businessmen who simply do not care about this country.

  13. Reply
    Shane
    February 4, 2011 at 3:12 am

    Yes, some illegal aliens will benefit from the bailout, especially in southern CA and FL. It’s a shame that the states and feds allow lending institutions to loan money to illegal aliens. Freddie Mac and Fannie Mae should only give loans to American citizens or legal immigrants!

    Please answer this question, if you have a chance:

    Should the federal govt make it illegal for businesses to give loans to illegal aliens? What about the govt giving loans to resident aliens? Why or why not? http://answers.yahoo.com/question/index;_ylt=AqhZa1A3q1LlRz74a1IOt1Dsy6IX;_ylv=3?qid=20080929134515AAoHzdN

    It is a fact that many illegal aliens got loans and bought homes! Here is proof:
    Illegal Loans by Michelle Malkin on National Review Online
    September 24, 2008 7
    http://article.nationalreview.com/?q=MDZjOGE1MDZlODMzOTEwMjU0NmNiNTgzOGU4OTAyZDA=

    Immigration – Just Another Government Program.
    http://www.vdare.com/fulford/subsidies.htm

    ILLEGAL ALIENS and THE MORTGAGE MESS
    By MICHELLE MALKIN September 24, 2008 —
    http://www.nypost.com/seven/09242008/postopinion/opedcolumnists/illegal_aliens__the_mortgage_mess_130482.htm

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