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Bad idea: Quitclaiming property while your name remains on mortgage Daily Breeze

Q: When I was married, my wife and I signed a loan to buy a home. We got divorced, but she was awarded the house in the divorce agreement and stayed in the property for a few years after our marriage was finished.

I had to sign a quitclaim deed, and in the divorce decree it was stated that she would refinance if possible. The house went into foreclosure, and was sold, and now the lender is coming after me for some of the money.

Am I still liable for this loan? It has been years since I lived in the property. If I am liable, what can I do to take care of this situation?

A: One mistake homeowners frequently make when getting divorced is signing a divorce decree that requires a spouse to refinance the property at some unspecified time in the future, even though it assigns the ownership of the property to that spouse.

When you signed the quitclaim deed, ownership of the property transferred to your wife. But your name remained on the loan documents. So, your wife got the house,

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California home loan mortgage rate refinance and hard money

www.lendinguniverse.com California home loan mortgage rate refinance and hard money, discount mortgage rates and getting a mortgage loan against ...

What is the most current interest rate to refinance my house in California?

I have a mortgage rate of 6.85%. should I refinance now or will interest rates go down more after the president signs the new bill to help mortgage companies?


To give you a definitive answer would require more information about what type of loan you have now (fixed or adjustable), how much your home is worth, how much you still owe, etc. Suffice it to say, if that 6.85% is for a fixed, 30 year, it will probably not be worth refinancing now or in the near future.

What can I do when I can't sell my house or refinance for a lower payment?

I bought a house in California almost two years ago. Now I need to relocate for a job. I can't sell my house because the market has crashed and I owe more then it is worth. For the same reason I can not refinance. I need to find a way to lower my payments so I can rent it out. Any suggestions? Please!


You are screwed!!!

That is the problem with Sub prime loans.
You get to buy in Cheap, and if propertyu goes up you make money.
But not Credit has been tightened, and some people can't qualify for the new reality of interest rates.

You lose.....Figure a way to bail out and save your credit rating.

Means..sell for what you can, pay off the loss on a regular basis
And learn that making money is not easy and has lots of risks.


I would say that this would be a situation where you need to contact your lender and try to work out an arrangement which works for both of you, because believe me, they do not want to have this wind up in foreclosure taking who knows what kind of loss on your property. You will have to find the right person to deal with and it may take a bit of time and it may be extremely frustrating and aggravating but it should turn out better for you than if you did not even try to arrange some sort of a work-out.


Would you really want to risk renting it out to someone if you need to relocate? I would suggest doing a short sale on it, get what you can and sometimes maybe the bank can forgive the rest of the loan. If not then like the person below stated, pay the rest of. At least it wont be on your credit as a foreclosure. Or maybe you can work it out where you can just split the mortgage in half, the tenants pay a certain amount and you pay the other half, if its not too much of course.


Ok there are a few things you can try. Yes you should first try contacting your mortgage company to see if you can work something out to lower your payments. Another option is whats called a "Short Sale" but you need to be careful and consult an CPA before you do anything. What a lot of people dont realize about short sales is that you pay taxes on the debt relief. That means if you owe $450,000 and you sell for $350,000 you pay taxes on the $100,000 in debt relief (yes uncle sam always gets his no matter what.)


Contact an auction firm.

if you refinance a house, do you have to pay taxes on the equity the house built up?

My aunt recently refinanced a house in San Diego California. The refinanced amount was 475.000.00 up from the original purchased price of 415.000.00.
The equity buit was 60.000.00. Will she have to pay taxes on those 60.000.00. if so what would be the tax percentage? She is singled.


She will not have to pay taxes after refinancing on that amount, HOWEVER, she WILL have to pay higher property taxes because it will be reassessed for the higher amount.

If she sells the house, she will have to pay any gain she has, which could be reduced if she saves receipts for things she improved on the house.


She will *not* have to pay any taxes on the equity she took out. Refinancing is not a taxable event, selling or transferring the property may be taxable.

In California how can you force the ex spouse to refinance the house?

I have been going through this divorce for over 4 months now and I have been forced to live off of credit cards because my ex refuses to unlock my funds. My attorney is a wimp and has no knowledge. He tells me we have to wait until the final court date, but there has got to be a way to force my ex to refinance our home now. He said he's going to do it to buy my out, but he's just sitting on it and not doing it. How can I force him too?


You can't. Your only legal option is to petition for a sale. and since you are going through court for a divorce I doubt you could accomplish that.


threaten him with selling it splitting it in half there is all kinds of cut throat Realtors out there they know more than attorneys good luck


You could get a job.


in cal , youll probably split the debt..

Is it possible to refinance 1st & 2nd mortgages for a brand new house immediately after I close?

I am required to use my builder's mortgage company b/c they are giving me incentives but the rates are 0.5% higher than other lendes on both the 1st and 2nd mortgages.

I am wondering if I would be able to refinance both mortgages immediately after I close? What do I need to consider? What questions do I need to ask?

Sale Price: $960k
New House in California
Interest Rates for 1st/2nd mortgages: 6.75%/8.675%
Excellent FICO scores - high 700s to low 800s


6.75% is average for 30 years fix loan.
8.675 is high of course, but you don't have down payment, lender wants high rates to compensate.
It is hard to find another lender to give you better rate.

I would stay away from adjustable loans or interests-only, because housing market continues to slump. Adjustable loan is "toxic", which means if rates go up while housing price stays, you will in bad spot.

As for interests-only, mortgage payment consists of two parts: interests and principal. Interests are like rent, which doesn't add to the equity to your house. It simply disappear as your pay it. If you want to use interests only loans, might as well rent, especially during market downturn, because housing price won't appreciate.

Would you consider delaying your plan? As housing market continues to slump, it might save you 10% simply by waiting for a few months. Another way to look at it, you can increase profit by 10% when you are ready to sell it.

http://money.cnn.com/2006/09/08/real_estate/caught_in_the_bubble/index.htm?postversion=2006090814
http://money.cnn.com/2006/09/05/real_estate/Ofheo_home_prices/index.htm?postversion=2006090514

If you want to go ahead with your plan, threaten to back out, they probably will give you incentives without asking you to use their lender.

Good luck!
Would you consider dela


You can refinance any time you like. Do make sure there are no pre-pay penalties on your builder mortgage.


it can be done but i would take a serious look at the builders morgage contract, you will have to pay the closing cost again an the penalty for refienancing that early alot of morgages has a 5 year penalty. you might be better off keeping the builder morgage see what the long term cost will be on both morgages but add in the cost on the new morgage closing an penalites, an see which is cheaper in the long run


If you'd like I can take a look at your situation for you. I am a loan consultant and do business in 15 states. The company I work for is called equity consultants. We do business in CA. Our toll-free number is 800-546-9080 Ext 199 ask for me Rob Snodgrass
I'm in the office from 9am-7pm every day. Just remember that we are three hours ahead of you. I can do it for you. Hope to hear from you. here is our website www.equityconsultants.com
Thanks
rob


Yes, YEs, YES! I see this happen all the time and help correct it just as often. You need to make sure that neither of your mortgages carry a prepayment penalty. Most likely the 2nd mortgage has an early closure fee of some kind, but these are often under $500 and thus should not be a deal breaker on your size mortgage. I am nationwide mortgage broker in No. California with 20 years experience and would be happy to run some figures for you. There are many things to consider when choosing your new replacement loans like if the property has appreciated since you signed your purchase contract. You may even be able to combine both of your loans into one mortgage! Please contact me: Steve@SLarson.com or via www.SLarson.com/Contact

Regards,

Steve Larson


Yes you can and I highly recommend it as it will save you thousands and thousands of money over time. It's called a rate and term refinance and is done all the time. Keep in mind you will pay closing costs again but over a 30 year term will save you much much more than the closing costs. I would also guess that during the time it took to build you have gained some equity as well. With your credit scores you would have no problem refinancing. I hope this helps you but if you need any help or have any further questions please feel free to email me or visit my website www.dantadgerson.com.


yes this is possible if theres no prepayment penalty.
.5% can add up to quite a bit for such a high price home.

it would be best to shop around.

try http://www.savingslife.com
for some basic info, you can get a few different perspectives from local lenders.


Hello,

You absolutely can refinance immediately after you close, but you have to use the right lender..

Mos tlenders out ther erequire that you live in the house for at least 6 months prior to doing a refinance transaction... Others require a full 12 months...

I work with Providential Bancorp, a company that has well over 50 inve3stors we have partnered with to have a home for all borrowers in need...

I have plenty of investors that DO NOT require "seasoning"(being in house for 6-12 months)

These investors WILL allow you to refinance in order to get the mortgage rates down...

With your credit scores, you should easily be able to qualify for lower rates then what you have been given, and i think it makes complete sense to do the refinance...

Mortgage companies will be willing to lower your rate in order to get your business...

What you need to BE 100% SURE OF is that you DON NOT have a pre payment penalty...

You also NEED to work with a lender that has LOW closing costs...

You do not want to use a brokerage firm.. Brokers need to charge costs in order to make a profit from a loan...

My company is a bank, and correspondent lendER... We do not rely on origination fee's, or broker fee's in order to make proifit...

Being we are partnered with many investors, we are paid by our partners to simply add another loan to their portfolio... Our philosiphy is that we know there are hundreds of mortgage companies out there... In order to get your business, we need to give you the lowest rates, and lowest fee's...

Being we dont get paid base don how much fee's we charge, we are sure to offer you the lowest closing cost loan possible...

Its easy for any mortgage company to say this, but let the numbers speak for themselves... If you would like to know more, i would be happy to present you with a Goof Faith Estimate, and you yourself can see exactly what you qualify for, and what it costs in order to get it...

I look forward to speaking with you!

Jason Fry
Licensed Mortgaeg Banker
Providential Bancorp
jasonf@providential.com
312-264-6448
1-800-264-7283 ext. 448


Assuming you have done 100% financing on this property it might be best for you to keep the current loans. Lenders will charge higher rates for 100% or (80/20) financing options. Also you would only be allowed to use the purchase price as the value so if you did 100% financing you would have to pay the closing costs out of pocket since you would not be able to realize any appreciation on the property. Which for the combined loan amounts you have could be a good deal of money.

However it doesn't hurt to inquire about a refinance. Find out what the new rates and payments could be and compare them to your current situation. If you can recoup the out of pocket closing costs with the monthly savings within 2-3 years then it is worth it. Outside of that you need to ask yourself how long you will have either the house or the current loans because if you plan on selling of refinancing within the next 3-4 years then stay with the current situation you would be spending additional money that you wouldn't need to.

How long do you have to own your house before you can refinance at a lower rate?

I bought my house in July 2008 in San Bernardino County in California with a rate of 6.25%. I heard rates are dropping into the 4% area. How long do you need to own a home before you can refinance for a lower rate? I have an FHA loan and a neighbor told me that if I call FHA they can simply just switch the rate for me, but that definitely doesn't sound right.


It depends on what your mortgage states. I also have an FHA loan. It states that I cannot refi or sell for 9 years unless I repay the $5000 they gave me for closing costs. Read through your loan info and see what you can find out. It may be easier to just call your loan officer. They should be able to help you out.


Hi,
Am Wendy Roux, am from England recently when I was searching for a loan so I post and ad in yahoo answer here just two weeks ago I was referred to Susfasa Loan Firm by Kelly Cole from Canada, when I offer a loan of (20.000 pounds) few day ago how after when I submitted my application to the Firm, by this God fearing man his name is Mr.Susfasa Lee so when I was your profile in your yahoo answer I decide to referred you directly to this kindly man of God please if you are in seriously in need of loan you can contact them via E-mail:susfasaloanfirm@yahoo.com or susfasaloanfirm@live.co.uk tell him that Wendy Roux from England referred you to him

Thanks and stay bless from Wendy Roux.

Refinance a non-recourse loan in california?

Is it true that in california, if I refinance a non-recourse loan (origional first and second mortgages I obtained to purchase a house I currently live in), the loan stays as a non-recourse loan, if I only refinance the balance of the loan, without taking cash out, or adding more things (like car payments) on the loan? Refinanced loan will combine the first and second mortgage into one. What about the closing cost, title insurance, escrow, etc, that will be added on the refinanced loan, does that effect the loan to change from a non-recourse loan to a recourse loan, since more things are added to the orignal loan balance from the first and second mortgage? Will refinance paper work state that it's a non-recourse, or a recourse loan? If it doesn't spell out on the paperwork, how can I be sure that it stays as a non-recourse loan?
Advanced thank you for any answer provided! :)


A non-recourse loan is one where the lender is counting on the collaterall to be worth the loan amount. Correct? So if you refinance both loans, to a different loan program, the non-recourse loan is paid off by the refinance. Simply tell the lender you plan to refinance with that the loan CAN NOT be a non-recourse loan.


I think no


I've never heard of non-recourse. I think you are asking whether or not your loan would be considered Cash-out or Rate-and-term. If your second was used to buy the house, you can roll both loans into one as a Rate-and-term mortgage. You will be allowed to roll in the closing costs and get up to $1,999 cash back. There is a section on page one of the 1003 (application) that asks "purpose of refinance". It will be stated there.


I think you well find a broker the best bet thay look at 100s of lenders to find you the best one

http://www.surebill.co.uk

thats who i used last time thay got me a relly good deal


Best Anwser- Chosen by Voters


You need to call Frank immediately at 661-635-4900 or 919-802-3119 or 866-728-8587. He can get you financed with his network of over 400 lenders (up to 100%) even with bad credit. He has helped me with 4 properties and it has saved me thousands per month. He also helped me with foreclosures and made me a ton of money. He is an expert in this area.

I have more than one person on the house title and I would like to refinance. It has been less than a year?

since I have bought the house. I would like to clear the names of the other people from the title at the time of refinancing, is that possible? I live in California.


You might not be able to refinance because the property might not have increased in value for any potential refinance within a years time.

Are these same people on the mortgage loan? If they are removing them from the title/deed does not relieve them of the responsibility of making sure the monthly mortgage payment is made. If for some reason the monthly mortgage is not made they will be called by the lender and will have a hit on their credit report for any 30 day mortgage lates

If you simply want to remove their name from the title/deed, go through with the refinance. Once you have qualified and been approved for your refinance then the title company will require them to come in and each sign the title over to you.

If the refinance fail to materialize you may still remove them from the title/deed simply by making an appointment with a local title company. Everyone on the title will be required to come in and sign their portion of the property over to you.

You would want to use a title company as it could save possible legal problems in the future. Again if they are on the mortgage documents they still have the obligation of the monthly mortgage payment.

I hope this has been of some use to you, good luck.

"FIGHT ON"

I was tricked and lied to by a loan officer and his company in California, where can I file a complaint?

I worked with a loan officer from a mortgage/loan company in California to refinance my house, I was presented with a good faith estimate that showed a low interest rate with no prepayment penalties, and at closing the interest rate was higher with prepayment penalties. I called the loan officer who said to go ahead and sign the documents because he will fix the problem. I was on a deadline to close so I had to sign, and after I signed the loan officer and his company stopped answering my phone calls. I made a complaint with the BBB but nothing got resolved, is there anybody else I can make a complaint with that will persuade this company to remove the prepayment penalties? Please let me know. Thanks


You ran through two red lights at the doc signing and after.

You should never sign anything that is not what you were promised. You should have known that once a contract is signed it can not be changed unless both parties agree and the lender was not going to agree and the loan officer did not represent the lender because he does not work for the lender.

Then in California as well as other states you have a three day right of recission. That mean that even after you sign the loan docs you have 3 days (72 hours) and you can still cancel the loan for no reason what so ever. This had to be pointed out to you because most lenders have it in 14pt print and you were given a copy by who ever was your doc signer.

All you had to do was sign the cancellation documents given you and you could have faxed them to four different places. One to the closing escrow officer, the title company, the lender and the mortgage broker that negotiated the loan for you.

A good faith estimate does not tell you about pre-payment penalities.

You may complain, when you filled out the application you were given several documents. One has a address and telephone number where you can call and make a complaint.

CAMB is not that place because you don't have to be a member of CAMB and if your mortgage broker is not a member there is really nothng CAMB can do.

There are 2 different license in California that can do home mortgages. One is a Department of Real Estate ran by the Department of Real Estate, and the other is a California Finance Lenders license and is governed by the California Department of Corporation.

So if you know which license your mortgage broker is a member then you can make a complaint with them.

The complaint will be an after thought because now the mortgage broker is no longer in the picture and no matter who you complain to the fact that you signed the loan docs make it a legal contract.

All loans have pre-payment penalties that apply when you refinance your house. If you sell your property most pre-pays don't apply as they are called soft pre-pays. You will probably not refinance in the next 3-4 years when the prepay will no longer matter.

Now about the interest rate. This is a tax deductable item. No matter how high or low the interest rate is it is tax deductable. So you will get that back. Check with your tax preparer for all tax advise.

I hope this has been of some use to you, good luck.

"FIGHT ON"

My friend refinanced his house to buy a pool and 2 cars. Under McCain's proposal does he get to keep them?

When house prices were skyrocketing in California, a lot of my friends refinanced to take equity out of their homes. They used the equity to buy cars, vacations, pools, etc. Now that house prices have fallen, however, they have 2 or more mortgages and are "underwater".

Obviously, there is no way to take back a vacation or a pool, but under r McCain's proposal to buy their bad mortgages and reduce the balances - will they get to keep their Beemers and Mercedes?


They have to prove they can't pay. I would like to know why I don't get a break. I pay my mortgage every month. I don't even have cable. Why don't I get a break?

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