Divorce ordered refinance no date given
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Divorce ordered refinance no date given
I’ve been divorced 13 years. I live
check to check but pay the mortgage.
My credit sucks and the only chance I
had was a roll over refi. I had
judgements against me which I have
paid off today. The appraiser wants
20,000 in repairs done to the house for
the deal to go through and I cannot
even afford the closing costs much less
the repairs. My ex is suing me to
refinance and for damages. Is there
Anything I can do? If I walk away I will
have to file bankruptcy and give up my
job I have no where to go except to my
parents in another state. I have mental
health issues and my daughter is 24
and still living with me she is adhd and
has seizures. Are there any options for
me
Asked on June 17, 2016 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A lender is under no obigation to refinance or provide any loan/mortgage at all; if they are willing to do so, they can put any terms or conditions on it they want, such as making repairs, and if you can't make those repairs (or afford the other costs), you can't get the loan.
You write that the title is in your name only, but you do not indicate what the terms of your divorce decree or settlement was: that will affect the rights of your ex to sue you in regards to the house, refinancing, etc.
It is not clear why filing bankruptcy would cause you to give up your job; it is also not clear why even if you gave up this house (or it was foreclosed) that you could not rent someplace--admittedly, likely a smaller place, or less desirable location--for some amount comparable the mortgage you have been paying: filing bankruptcy does not bar you from renting, though it can make it more complicated to find a place.
There is also public housing (e.g. section 8) which you may qualify for.
If you and your daughter have mental health (and/or physical health--i.e. seizures) issues, you should be able to get legal advice or assistance from some community health law project or organization or from Legal Services; also possibly from a law school, since many have clincis where law students, under the supervision of a professor, provide legal assistance to vulnerable persons. You need some detailed legal advice about your specific situation: a good way to start is by contacting Legal Services and seeing if they can help you or provide a referal to some other group or organization.
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