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W was supposed to be taken off loan per divorce but
Holly:
If your client's goal is to "be taken off the loan", you need to know why
when trying to figure out what to do. Is she unable to obtain credit? Is
the lender calling her about the loan? It is an emotional issue because the
lout she divorced is still a lout?
If you file a bk to get her off the loan you will not accomplish anything,
so it is important to see what your client really wants and then work from
there.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Why the surprise? It is NEVER possible to "remove" someone from a loan. It
is called refinance..... The only thing amazing about this is how many
people believe that it is possible and include such provisions in divorce
agreements, business agreements, etc. etc.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Holly Roark
Sent: Friday, December 11, 2009 7:30 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] W was supposed to be taken off loan per divorce but
The divorce agreement stated that W was to grant the house to H and that she
was to be taken off the loan. W granted house back to H but bank won't take
her off the loan. Lender says the only way to get W off the loan is for H to
refinance, but no one will refi with him because he has crappy credit.
Any ideas what W can do to get taken off the loan? We haven't filed the bk
case yet and we are exploring her options available outside of bankruptcy.
Thank you for any guidance you can provide.
Holly Roark
holly@roarklawoffic es.com
Message
Why the surprise? It
is NEVER possible to "remove" someone from a loan. It is called
refinance..... The only thing amazing about this is how many people
believe that it is possible and include such provisions in divorce
agreements, business agreements, etc. etc.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
charset="UTF-8"
If the spouse remaining on the deed files bankruptcy, should she include the divorced spouse as a creditor if the divorced spouse is still on the deed of trust, notice of default, notice of sale etc?
Larry Webb
email Larry@Webbklaw.com
Law Office of Larry Webb
484 Mobil Ave. Suite 43
Camarillo California 93010
805 987 1400
Fax 805 987 2866
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and the bank asked for a copy of the death certificate.
On Sun, Dec 13, 2009 at 10:11 AM, Daniela Romero wrote:
> The only time I've heard of of a bank taking a spouse off a loan was in the
> case of one spouse dying.
>
>
> On Sun, Dec 13, 2009 at 8:55 AM, Dennis McGoldrick wrote:
>
>>
>>
>> US Costitution prohibits states from impairing contracts. As a result
>> divorce is meaningless with regard to contract liability and getting off of
>> loan.
>>
>> Sent from my iPhone
>>
>> On Dec 11, 2009, at 7:30 PM, "Holly Roark" wrote:
>>
>>
>>
>> The divorce agreement stated that W was to grant the house to H and that
>> she was to be taken off the loan. W granted house back to H but bank won't
>> take her off the loan. Lender says the only way to get W off the loan is for
>> H to refinance, but no one will refi with him because he has crappy credit.
>>
>> Any ideas what W can do to get taken off the loan? We haven't filed the bk
>> case yet and we are exploring her options available outside of bankruptcy.
>>
>> Thank you for any guidance you can provide.
>>
>> Holly Roark
>> holly@roarklawoffic es.com
>>
>>
>>
>>
>
>
>
> --
> Daniela P. Romero
> Law Office of Daniela Romero, APLC
> 1015 N. Lake Ave., Ste. 115
> Pasadena, CA 91104
> Telephone:626-817-2611
> Facsimile: 626-628-1781
> email: dromerolaw@gmail.com
>
> NOTICE: This E-mail (including attachments) is covered by the Electronic
> Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein
> is confidential, privileged & exempt from disclosure under applicable law.
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>
>
Daniela P. Romero
Law Office of Daniela Romero, APLC
1015 N. Lake Ave., Ste. 115
Pasadena, CA 91104
Telephone:626-817-2611
Facsimile: 626-628-1781
email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein
is confidential, privileged & exempt from disclosure under applicable law.
This E-mail (including attachments) are intended solely for the use of the
addressee hereof. If you are not the intended recipient of this message,
you are prohibited from reading, disclosing, reproducing, distributing,
disseminating, or otherwise using this transmission. The originator of this
e-mail and its affiliates do not represent, warrant or guarantee that the
integrity of this communication has been maintained or that this
communication is free of errors, viruses or other defects. Delivery of this
message or any portions herein to any person other than the intended
recipient is not intended to waive any right or privilege. If you have
received this message in error, please promptly notify the sender by e-mail
and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal
tax issues in this e-mail was not intended or written to be used, and cannot
be used by you, (i) to avoid any penalties imposed under the Internal
Revenue Code or (ii) to promote, market or recommend to another party any
transaction or matter addressed herein.
and the bank asked for a copy of the death certificate.> wrote:
The only time I've heard of of a bank taking a spouse off a loan was in the case of one spouse dying.
On Sun, Dec 13, 2009 at 8:55 AM, Dennis McGoldrick <easky1@yahoo.com> wrote:
US Costitution prohibits states from impairing contracts. As a result divorce is meaningless with regard to contract liability and getting off of loan.Sent from my iPhoneOn Dec 11, 2009, at 7:30 PM, "Holly Roark" <roarklaw@yahoo.com> wrote:
The divorce agreement stated that W was to grant the house to H and that she was to be taken off the loan. W granted house back to H but bank won't take her off the loan. Lender says the only way to get W off the loan is for H to refinance, but no one will refi with him because he has crappy credit.
Any ideas what W can do to get taken off the loan? We haven't filed the bk case yet and we are exploring her options available outside of bankruptcy.
Thank you for any guidance you can provide.
Holly Roark
holly@roarklawoffices.com
-- Daniela P. RomeroLaw Office of Daniela Romero, APLC1015 N. Lake Ave., Ste. 115Pasadena, CA 91104Telephone:626-817-2611Facsimile: 626-628-1781
email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein is confidential, privileged & exempt from disclosure under applicable law. This E-mail (including attachments) are intended solely for the use of the addressee hereof. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating, or otherwise using this transmission. The originator of this e-mail and its affiliates do not represent, warrant or guarantee that the integrity of this communication has been maintained or that this communication is free of errors, viruses or other defects. Delivery of this message or any portions herein to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by e-mail and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.
-- Daniela P. RomeroLaw Office of Daniela Romero, APLC1015 N. Lake Ave., Ste. 115Pasadena, CA 91104Telephone:626-817-2611Facsimile: 626-628-1781email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein is confidential, privileged & exempt from disclosure under applicable law. This E-mail (including attachments) are intended solely for the use of the addressee hereof. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating, or otherwise using this transmission. The originator of this e-mail and its affiliates do not represent, warrant or guarantee that the integrity of this communication has been maintained or that this communication is free of errors, viruses or other defects. Delivery of this message or any portions herein to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by e-mail and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
US Costitution prohibits states from impairing contracts. As a result divorce is meaningless with regard to contract liability and getting off of loan.
Sent from my iPhone
On Dec 11, 2009, at 7:30 PM, "Holly Roark" wrote:
The divorce agreement stated that W was to grant the house to H and that she was to be taken off the loan. W granted house back to H but bank won't take her off the loan. Lender says the only way to get W off the loan is for H to refinance, but no one will refi with him because he has crappy credit.
Any ideas what W can do to get taken off the loan? We haven't filed the bk case yet and we are exploring her options available outside of bankruptcy.
Thank you for any guidance you can provide.
Holly Roark
holly@roarklawoffices.com
US Costitution prohibits states from impairing contracts. As a result divorce is meaningless with regard to contract liability and getting off of loan.Sent from my iPhoneOn Dec 11, 2009, at 7:30 PM, "Holly Roark" <roarklaw@yahoo.com> wrote:
The divorce agreement stated that W was to grant the house to H and that she was to be taken off the loan. W granted house back to H but bank won't take her off the loan. Lender says the only way to get W off the loan is for H to refinance, but no one will refi with him because he has crappy credit.
Any ideas what W can do to get taken off the loan? We haven't filed the bk case yet and we are exploring her options available outside of bankruptcy.
Thank you for any guidance you can provide.
Holly Roark
holly@roarklawoffices.com
The post was migrated from Yahoo.
Family law court is a court of limited jdx. You will find that all creditors (including the FTB and IRS) can go back to the original agreement to collect. The only remedy for the parties
is to go back to family law court for a contempt of court order against the non performing party.
Your client's remedy is through BK for this creditor. )
Blessings, Catherine.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.com
This e-mail is private and confidential and is intended solely for therecipient(s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.
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The divorce agreement stated that W was to grant the house to H and that she was to be taken off the loan. W granted house back to H but bank won't take her off the loan. Lender says the only way to get W off the loan is for H to refinance, but no one will refi with him because he has crappy credit.
Any ideas what W can do to get taken off the loan? We haven't filed the bk case yet and we are exploring her options available outside of bankruptcy.
Thank you for any guidance you can provide.
Holly Roark
holly@roarklawoffices.com
The post was migrated from Yahoo.