Can my husband and I attain a mortgage loan if he have signed a quit claim? His ex-wife have not sold the home.?

We are planning on putting at least 30% down, he singed this 3 years ago and she has still not sold the home.
Answers:
Signing a quit claim just routine he no longer has any rights of ownership with the property, and does NOT relieve him of liability to clear the mortgage. Unless he was also taken off the mortgage by the lender, it would still show as his debt and could affecct your cleverness to get a mortgage.

If you have 30% down, your credit is apt, and you don't have much other debt, you might still be able to receive a mortgage though.

Good luck.
And the X does not have to go the home---unless it is in the divorce...Your husband is on the hook to the mortage company for the home... A quit claim gave the X complete owner ship of the home -- husband is no longer on the work...He is still responsible for the balance of the mortage... If the X does a refi then your hubby is sour the hook..
One other way to get a mortage is if you spawn enough money to pay the infirm and the new mortage of your home..
You can buy a house. There are several requirements your broker or lender will ask for so they wouldn't count the mortgage on the ex's wife. Here are the requirements:

1. Divorce order showing the house is wife's and responsibility.

2. 6-12 months worth of canceled checks (front and back) from the ex wife showing she's been paying for the mortgage herself.

Not only can this be done freshly for a mortgage but if he also co-signed for a car or other loans, all you entail are proof (canceled checks) from the person who is paying for the loan. As long as you can afford and have biddable enough credit I don't see any reason why you wouldn't be capable of buy a house with your husband. Source(s): I own a mortgage company and I see a lot of cases resembling this.
If his name is on the mortgage for the other house then it still is on the mortgage for the other house. He forsaken his interest in the house (quit his claim) but that doesn't affect his responsibility to pay anything debt he agreed to pay (the mortgage note). Unless there be no mortgage on the previous house or the lender released him in writing and recorded the release (at the county recorder's office) he still have responsibility for that debt.

That really doesn't answer the question you asked though. You asked if you and he could get a mortgage loan. The answer to to be exact yes, provided the lender believes that the two of you are generating enough income to pay cheque BOTH the loans. There is no limit to the number of mortgages or houses a person may own at one time. I hold several mortgages on several houses right now. The limit is imposed merely by the lenders assessment of how much you can pay and how much risk they have.

By the method, I really hope that he got something in return for quitting his claim on his ex-house.
You will own to review the divorce decree and determine if they were supposed to refinance or get rid of the house within a certain spell of time. I would force the issue since he is stil on the hook for the mortgage even with a quit claim. You might be able to force a public sale or refinance through the courts.

On the other hand you might be able to go and get a loan without doing this anyway. If you have 30% down and can qualify for a latest home with both housing payments in your debt ratio then you should be fine, or on the other hand some lenders will adopt canceled checks from the X to determine that he is not making the payments and nto count it against him.

I think you have tons good options. Source(s): I am a Mortgage Banker licensed surrounded by OH, FL, SC, and IN.

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