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#2074750 - 04/19/16 09:36 PM TRID/ divorce
parr04 Offline
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Joined: Aug 2004
Posts: 394
oklahoma
Here's the situation: Married couple applies for 9 month bridge loan to purchase new primary residence. Old house is sold and proceeds applied to bridge loan leaving $ 100,000.00 balance on the bridge loan. Couple applied for long term financing for the $100,000.00 to be secured by the new (purchased) primary residence. L.E and closing disclosures completed and provided as required. Two days after the closing disclosure was mailed the wife files for divorce. The husband will qualify for the loan on his own income.
Do we require him to apply again and start the entire process over again or can we continue on with the current closing. Don't ask why but the wife has agreed to sign the new mortgage but not the loan.

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TRID - TILA/RESPA Integrated Disclosures Rule
#2074775 - 04/20/16 01:01 PM Re: TRID/ divorce parr04
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 84,326
Galveston, TX
There are more legal and credit related questions here than TRID issues.
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#2074803 - 04/20/16 02:19 PM Re: TRID/ divorce rlcarey
parr04 Offline
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Joined: Aug 2004
Posts: 394
oklahoma
I agree with your comment Randy. In this case I am just trying to answer a question put to me.

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#2074818 - 04/20/16 03:05 PM Re: TRID/ divorce parr04
Truffle Royale Offline

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Posts: 17,410
It sounds to me like the wife is smart enough to want to be able to claim her share of the house without being liable for the debt.
As you describe it, you have a counter-offer from the borrowers that you can accept or deny.
If you accept removing the wife as co-borrower, then you can continue with the original application, imo, much the same way you could continue when a borrower is removed from the application due to poor credit.

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#2075006 - 04/21/16 02:57 PM Re: TRID/ divorce parr04
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,673
Bloomington, IN
Talk to your attorney.

Not sure why you would want to proceed with the home being in both names and the loan only in one name when there is a pending divorce. Is there enough equity to refinance the home in 6-9 months to buy out the spouse due to the divorce settlement? Can the one spouse still qualify if they end up paying child support and/or maintenance payments to the other spouse?

This is a major change in their financial condition and we would withdraw our commitment. If the one spouse wants to proceed purchasing the property in their name they can reapply.
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The opinions expressed are mine and they are not to be taken as legal advice.

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