Modifying a home loan while divorce has not been finalized

[terrigray]

My husband and I purchased a home during our marriage. He quit claimed it to me at time of purchase so the deed and mortgage are in my name only. We owe more than it is worth, we are 60 days behind in payments. I have gotten the paperwork to do a loan modification but my husband said I cannot make any financial deals until our divorce is final and the judge decides who gets the house. We have cold also which I am requesting joint custody. Can I or we'd on my loan mod without my husbands approval or the judges

 

[army judge]

You need to consult with your lawyer. If you don't have one, don't attempt the mod. Your husband can make big trouble for you if you proceed. You might want you investigate bankruptcy. That will buy you time, if that's what you're after. Otherwise, 60 days behind won't get you foreclosed. But, you better get cracking on catching up the note. A loan mod takes 6-9 months. It often doesn't happen, especially if you've been behind or have poor credit.