Can You Refinance the House?
People fall out of love for various reasons and marriages end in divorce.
However, the mortgage loan both people signed some time ago, and both agreed to pay, remains the responsibility of both borrowers – married or not – unless the divorcing parties can find a way to divorce one (or both) from the home mortgage loan.
You’re Both Liable for the Debt
In the eyes of the mortgage lender, all parties who signed the mortgage loan documents remain liable for the mortgage unless the house is refinanced by one person or the house is sold (which will subsequently pay off the outstanding mortgage loan).
In Arizona Can’t One Just Refinance the House?
If one of the divorcing parties can qualify for the mortgage loan on their own, they can certainly refinance the house into just their name. This creates a new mortgage loan.
However, the person who wants to refinance the home into their name has to have the right income, the right debt to income ratio’s, and a good credit score – on their own – to get the new loan approved.
In addition, the house has to appraise for the new loan amount or higher.
If neither party can qualify on their own to refinance the loan there are few options left, other than to sell the house and pay off the existing mortgage.
Putting Emotions Aside
As difficult as it is during a divorce, divorcing couples in Arizona should put their emotions aside and focus on their financial future.
If one party keeps the house, but can’t make the house payments, both persons credit ratings will be badly damaged.
The destruction of the credit score will greatly compromise the ability to obtain a loan to buy a home in the future.
Foreclosure and Bankruptcy
If a home goes into foreclosure it is possible that neither party will be able to buy another home for up to 7 years.
If bankruptcy comes into the picture, there will be additional problems to contend with.
What Are Your Options?
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WHAT WE DO:
We specialize in helping couples who plan to divorce avoid making expensive and long-lasting mistakes with their marital home.
HOW DO WE DO THIS?
We do this by helping people completely understand all of their options with the marital home including keeping the home, selling the home, mortgage and refinance options, and explaining why home due diligence, updated credit reports, and title searches are so important.
We explain to our clients how their decisions with respect to the home can impact their quality of life for many years to come.
We help our clients prevent credit damage and preserve their ability to buy a home in the future.
With the information we can provide families can make better decisions and perhaps avoid making expensive and long-lasting mistakes.
Our initial pre-divorce consultations are provided at no charge.
HOW DO WE HELP ATTORNEYS AND MEDIATORS?
If you use appraisals in your practice to help determine the value of a home we can show you at least two gaps in the case file that can be detrimental to your clients.
We’ll explain why house due diligence is very important to determining actual value.
We’ll explain why a CLUE report should be part of your case file.
The information we produce can bring about more cooperative clients.
WHY DO WE DO THIS?
We provide our initial pre-divorce consultations at no charge.
We do this in the interest of consumer protection, helping our clients protect their credit ratings and preserve their future home ownership capabilities.
If the couple decides to sell the marital home we hope that our information has been helpful and they will consider us for the listing and mortgage or refinancing of the home and/or new homes.
Less Than 1%
Less than 1% of all real estate agents, mortgage loan professionals, and title professionals have the Real Estate Collaboration Specialist - Divorce (RCS-D) designation. Agents without this designation could just be guessing how to advise you through this difficult time, we'll give you the facts that only professionals with our specialized training can provide.