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Most Common Mistake During Divorce Mortgage

By Brad Lynch on July 20, 2021 2 Comments

Most Common Mistake a Post Divorce Mortgage

There are about 5 or so mistakes I see commonly in post divorce mortgage lending while working with spouses after they have gone through a divorce, but the number 1 mistake stands out way above the rest.  This mistake involves the equity splitting or buyout of equity to the spouse leaving the home.  When the spouse keeping the house doesn’t have the cash on hand to just pay the leaving Common Mistakes with Divorce and Mortgagesspouse their required portion of cash equal to the amount agreed upon in the divorce decree, most people immediately just turn to look for a cashout refinance, or as we call it in Texas, the Texas Cashout refinance.  In few cases, this is the only and best option, but in my 19+ years experience, the majority of times we use a normal rate and term refinance to offer the client the best terms on the loan.  

Know Your Guidelines and Reap the Benefits

The Certified Divorce Lending Professional organization said, “Mortgage Underwriting Guidelines allow for a better solution.”

The Better Solution

When doing cashout refinance, guidelines allow you to use 80% of the equity of your home in a mortgage.  In a rate and term refinance using the decree to define the buyout, you can use up to 95% of the equity.  This means you can access more equity from the home to payoff the leaving spouse.  You can refinance your current mortgage and roll in the equity buyout with an owelty to reach your goals.  There are other ways, but this is the most common way. Learn how to payoff your leaving spouse with an equity buyout using an owelty.

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Filed Under: Mortgage Loans Tagged With: Cashout Refinance, divorce lending, divorce mortgage, divorce refinance, equity buyout, owelty, owelty refinance

Trackbacks

  1. Divorce and Your Property | Your Mortgage Guy For Life says:
    August 19, 2021 at 10:44 am

    […] as part of the process.  I do this for clients all the time and you should refinance with a Certified Divorce Lending Professional like myself.  The divorce takes the process into a non-typical track in the process.  So […]

  2. Keeping Your House After Divorce: Child Support Income to Qualify for Your Mortgage - Your Mortgage Guy For Life says:
    April 9, 2024 at 11:22 am

    […] provide documentation to verify the consistency and reliability of these payments.  Avoid the most common mistakes during divorce, or […]

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Hello there! I'm Brad. If you have any questions as you read through this website you can reach me at 469-450-2723. Or, Pre-Qualify Now For Purchase Or Refinance.

About Brad Lynch

Brad Lynch of Flower Mound, TX has been helping families in the DFW and surrounding areas since 2002. Over 95% of his business during that time has been by referral.

Specialties include, FHA and Conventional Purchase and refinance mortgage, and owelty refinances during or after a divorce.

Texas Recovery Fund Notice

CONSUMERS WISHING TO FILE A COMPLAINT AGAINST A MORTGAGE BANKER OR A LICENSED MORTGAGE BANKER RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD COMPLETE AND SEND A COMPLAINT FORM TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT FORMS AND INSTRUCTIONS MAY BE OBTAINED FROM THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550. THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED MORTGAGE BANKER RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND, PLEASE CONSULT THE DEPARTMENT’S WEBSITE AT HTTP://WWW.SML.TEXAS.GOV.

Brad Lynch, RMLO, (NMLS #206799) is a representative of Mason McDuffie Mortgage Corporation (NMLS #1141). Mason McDuffie Mortgage Corporation is a registered trade name of Mason McDuffie Mortgage Corporation. Equal Housing Opportunity.

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