Dear Anonymous,

Unfortunately, the divorce judgment which awarded you the house, and made you responsible for the loan is not binding on the lender. As such, the lender is entirely within it's rights to require that your wife participate in the loan modification. I would suggest that you may want to consult with a family law attorney - implied in that order transferring the home to you may be an obligation on her part to assist you with matters related to ownership and retention of the home. Certain, if this divorce was settled in the last two or three years, this should have been addressed in the divorce judgment or settlement. There is nothing, short of a refinance of the home in your name only, that can force the lender to remove her from the loan.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
david.gibbs@gibbslaw.com

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