Question: Can my spouse short sale our home without my consent?
My home has been under pre-foreclosure for almost 10 months. I’m going through a messy divorce and moved out of the home with my kids,leaving my deadbeat husband to live there by himself. He is attempting to do a short sale on the home to avoid foreclosure. My name is not on the mortgage loan. The mortgage is not on my credit report, but I am listed with him as an owner of the home. Is he within his right to perform a short sale without needing my signature to close the deal?
Just to clarify…
My name is on the title of the home. A Lis Pendins was served in Orange County Florida. The house is under foreclosure and my soon to be ex husband is still living in the home and paying the utilities. He keeps trying to accomplish a short sale but I won’t sign. Because I won’t sign the short sales, he keeps getting denied. He gets furious with me, but keeps having his realtor buddy attempting a short sale on the home which I keep rejecting. Since he keeps trying to sell the home, I thought maybe there was some legal loophole for getting around my signature since I am listed as a co-owner of the home. Thanks
Answer:
So your name does not show up on the loan, but your name is on title… So as far as a short sale goes, since he is negotiating with the lender they probably don’t know about you. So he can go as far as he can through the short sale process, but if someone wants to buy it, you’ll have to sign docs sooner or later. He can try to re-finance, or workout something out with the bank all he wants, however he won’t be able to sell it because you’re on title. We tell all our students who are doing short sales when they run across divorce situations, they have to have signatures from both parties or else get the spouse to quit claim it to the other, because in situations like this, there is nothing they can do. I bet he’s frustrated to no end.
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