Mortgage loan

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Mortgage loan

Im not sure Im in the right area, but Im in a
situation that I cant seem to find the solution
to. Me and my partner bought a house in 2006
in Arlington Texas. Unfortunately we have
separated for about 6 yrs now. I was trying to
get a modification of my loan, but in order for
them to approve it they need my partners
signature or sign the house over to me quit
claim deed. Unfortunately i have lost contact
him and I have not heard from him I months.
So Im stuck and I dont know what to do in this
situation.

Asked on March 30, 2018 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since a mortgage is a legally binding contract, like all other contracts is cannot be modified wiothout the signatures of all parties to it. Accordingly, you will need to track down your ex-partner. If necessary, you can hire a private investigator.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are indeed stuck without him--you need to find him somehow. The mortgage is a contract: like any other contract, it cannot be modified in any way without the consent of all parties (all signatories) to it. Legally, it cannot be modified without his agreement. You may need to hire an investigator or detective to find him.


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