Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Can I do this

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  • Can I do this

    I discharged from Ch7 with no reaffirmation and have never had a late payment on the mortgage, before or after Ch7. My spouse did not file for bk, just me. She is on the Mortgage as a TBE with me, but never has been on the note itself. That's just me and my credit report just shows 'discharged in bk'.

    So what I want to do is to pay late for a while to try to force lenders' hands on an inhouse mod (I am paying 6.125% and want to pay less). I have a good reason as I am falling behind on tax payments and the last thing the lender or I need is a tax lien.
    They told me I wouldn't qualify for a mod while I was up to date! Makes sense.

    Now in Massachusetts they can't foreclose for at least 5 mths - I can cure any o/s amount within 5 mths - that's the state law. So that leaves some time for negotiation.

    BUT if I fall behind for a while, if I want to refinance or finance a new property, in my wife's name (she has a 780 credit score) I am concerned that a new lender would want to see a letter from the lender saying no lates or maybe 1 late, even though the note was never in my wife's name and has never shown up on her credit report. They can see she is on the mortgage itself from the Registry of Deeds.

    Could they ask to see the payment record if my wife alone applied for the mortgage?
    (She has income to qualify). I guess they can ask for what they like. They can ask to see whether a mortgage she had her name on was ever late..

    I am just trying to figure out whether I risk my wife not being able to get a new mortgage ..

    Thanks for any suggestions

  • #2
    Why not just have your wife refi now?


    • #3
      If she's on the loan and your late...she'll get dinged on her CR. Better yet, pull her big 3 CR and see how its reported before your late.


      • #4

        18 months after. wife was approved for a refi - has plenty of income, equity - I am not a co-applicant and also not going to be on the deed when the refi happens. But the bank wants to verify I (a non applicant) paid the existing mortgage on time even though the mortgage promissory note is/was only in my name and does not show up at all on my wife's credit report (it doesn't show up on mine either since discharged)

        I'd let them see the statements but I applied for and received a loan mod this last year (which I did not accept) and then brought the mortgage up to date. The bank already has a payoff figure

        My lawyer says they have a new underwritter who is going to check with his supervisor. My question is can they take into account my credit history when I am not an applicant - or should they - I guess banks can do pretty much what they want these days!



        • #5
          Guess it depends on the bank

          I found a local bank who doesn't care what happened with the old mortgage if I am not the applicant!
          Way to go


          • #6
            That is great news!
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."


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