Okay broheims - I need a bit of advice. I think I have this sorted, but I'd rather not pay to engage a lawyer. My wife and I are separated (would make a good story when I get the motivation to type it up in the divorce thread) and during the separation (mostly amicable) I tried to make the best decisions I could to protect money / assets and our children's future. So, the overall breakdown of money and whatnot is a tad convoluted so I'll save the details (unless they become ncessary). I'll try to keep this fairly simple:
We now own two homes together, one I live in and one she lives in. This was to be a tempoary situation, basically to allow me to move out and forward with my life without stepping backwards (in my mind) into renting again. We are co-signers on each loan, her being primary on the first home and me being primary on the second home. Originally the plan was for her to sell the house she's in and rent for a period of time (she's taking the hit because she's the cheater) and during that time, I'd refinance her off the second home while we split the refinance cost. She takes the proceeds from that sale and does whatever the fuck after that. This is all because neither her nor I are rich enough to afford having both homes one salary.
Well, I did a bit of research and since the first mortgage (her house) is a FHA loan you can do a loan assumption. What I want to know is whether her assuming the loan and deed will remove me completely from liability and free me up to refinance this mortgage immediately? Does anyone have any experience with this? Reviewing the document the mortgage company sent her on assuming the loan, it looks like the deed needs to be transferred first. I'd probably want a notarized document showing her intention to assume the loan prior to transferring the deed (just in case she wants to be a big turd) but other than that, it seems legit.
Thanks.