# Can he block the mortgage assumption process?



## cashybum (Aug 16, 2012)

I was awarded the house in the decree. I've already started the assumption paperwork. I then ticked him off and now he is threatening to tell the mortgage company that he won't authorize the assumption process. Can he do this?


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## Kivlor (Oct 27, 2015)

cashybum said:


> I was awarded the house in the decree. I've already started the assumption paperwork. I then ticked him off and now he is threatening to tell the mortgage company that he won't authorize the assumption process. Can he do this?
> 
> 
> Sent from my iPhone using Tapatalk


This is probably best to ask an attorney. And it likely depends from state to state. 

I've seen this done by people who were awarded the house, never the other way. You might want to point out to him that if he does so, he is still liable for the mortgage, and will potentially be in contempt of court...

Only a fool would do something to keep themselves on the note, but without the collateral of the actual property to protect them.


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## C3156 (Jun 13, 2012)

Kivlor said:


> This is probably best to ask an attorney. And it likely depends from state to state.
> 
> I've seen this done by people who were awarded the house, never the other way. *You might want to point out to him that if he does so, he is still liable for the mortgage*, and will potentially be in contempt of court...
> 
> Only a fool would do something to keep themselves on the note, but without the collateral of the actual property to protect them.


Agreed. Why on earth would he want to stay on the note when he is out of the house? The highlighted portion is not a liability that I would want, not to mention it would make it harder for me to get another mortgage because it would show up on my credit. 

I take it that your ex is a little bitter about the divorce, but the sooner he pulls his head out of his butt, the sooner he can move on with his life.


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## Kivlor (Oct 27, 2015)

C3156 said:


> Agreed. Why on earth would he want to stay on the note when he is out of the house? The highlighted portion is not a liability that I would want, not to mention it would make it harder for me to get another mortgage because it would show up on my credit.
> 
> I take it that your ex is a little bitter about the divorce, but the sooner he pulls his head out of his butt, the sooner he can move on with his life.


Seriously, I've only ever seen this done by women who won the house. Usually there was a court order that until the loan was assumed the XH had to make payments (or half of the payments) on the house, so it was a way to further bleed the guy. I saw a gal hold it up for a couple of years once. I can't fathom doing it as the spouse who lost the house.


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## cashybum (Aug 16, 2012)

Im not sure why. Perhaps because I have 1 year to secure financing on my farm or i will be forced to sell. He knows without the assumption, I wouldn't be able to get a loan because it's ag exempt. He would get none of the proceeds though and I have a lot of equity. 




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## C3156 (Jun 13, 2012)

cashybum said:


> Im not sure why... He would get none of the proceeds though and I have a lot of equity.


That would explain why he might be upset. Was the equity in the property taken into account in the separation of assets? If it was, he really has no leg to stand on.


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## cashybum (Aug 16, 2012)

Yes and leveraged it hard. It's my family home, and my job so I had no choice. He got to sell some of my equipment, keep his 401k, all of his toys (guns and trucks) and doesn't have to pay child support. Most importantly my parents gave him their house to sell (and moved back in with me)!He still thinks he got screwed... 


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## MovingForward (Jan 19, 2017)

cashybum said:


> Yes and leveraged it hard. It's my family home, and my job so I had no choice. He got to sell some of my equipment, keep his 401k, all of his toys (guns and trucks) and doesn't have to pay child support. Most importantly my parents gave him their house to sell (and moved back in with me)!He still thinks he got screwed...
> 
> 
> Sent from my iPhone using Tapatalk


Wow he made out that well and still acts like that, most guys would be somewhat relieved to have made out that well. Probably best to seek legal advice maybe just an initial consultation will be enough for you to find out if he any options or is just making weightless threats he cannot act upon out of frustration.

You may need the legal advice to be able to explain to the mortgage company also just so not to delay things for you.


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## C3156 (Jun 13, 2012)

A call to the mortgage company may be helpful, I am sure this is not the first time they have run into this situation. A call to your attorney may also be in order to run interference while you complete the process, as well as help navigating the assumption with a hostile cosigner. 

From a legal point of view, he has no basis to come at you if your divorce decree is final, he did agree to all of this. But the mortgage company is under no obligation to follow your decree, as it is between you and your ex. This is where your attorney may help.


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## Cynthia (Jan 31, 2014)

cashybum said:


> I was awarded the house in the decree. I've already started the assumption paperwork. I then ticked him off and now he is threatening to tell the mortgage company that he won't authorize the assumption process. Can he do this?


You have legal documents showing that you can do this without his permission - yes?

The mortgage company will need copies of those documents.

If this was done correctly, your husband doesn't have to authorize anything as the court has required it be done. He cannot stop what the court has required in the divorce.

Unless the legal paperwork is not in order, your ex is trying to scare you and him calling the mortgage company is harassment. Your attorney should be able to handle this as part of your divorce.


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## Pluto2 (Aug 17, 2011)

If the mortgage requires his approval, he can withhold it. Of course that won't necessarily prevent him from being held in contempt of court for violating its decision to award you the house. He would be interfering with a court order, and possibly the precise order to require him to complete the necessary paperwork to allow you to assume the mortgage. So that's why it might be best to ask an attorney.


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