I have been working on this shortsale for 3+ years and 4 different buyers.  The first is with BOA which I thought was the worst but the 2nd which is a heloc is with Suntrust and now I can't decide which is the worst. 

The buyers are divorced and the wife got the house in the divorce but the ex is on the mortgage.  It is not a friendly situation  and the ex has made it clear he will not help in the short sale in any way.  We tried to explain to him that it is to his advantage also that we get this done but he doesn't believe it and will nto talk to anybody about this.  BOA has agreed to proceed without him or his financial information but Suntrust will not.  They have said if he will not produce his financial information they will not approve the short sale.

Doew anybody have any ideas?  The ex participating is not going to happen.  We have had the attorney write him a letter explaining and he doesn't care.  Anything to get even with her. 

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Move on.  Please dont take this the wrong way but if this is something that you are hanging on to, you need more listings 

Ron, the way I read this is that the non cooperating spouse is on the note and Suntrust will not process the short sale request without that spouses financials. Am I missing something?

Gotcha, they COULD

Short of getting a court order, it is a dead deal.

I have known that I need to move on this for some time.  The problem is that the wife is a very good friend of mine and I have told her it probably won't happen but I hate to just leave her high and dry.  It was quit claimed to her and my feeling is that if he won't cooperate with the short sale is that they should allow the short sale and go after him for the balance.  This is Florida so the can still go after him.  The problem is that the first was willing to work with us but the second isn't.  Makes no sense since now it will just go to foreclosure.

Also, after 3+ yearsof no mortgage payments the first, BOA, has not even started foreclosure proceedings.

I had a similar situation and the ex wife had no idea where the ex husband was, she had to sign an affidavit stating his whereabouts were unknown

Do you know if the husband signed the SunTrust note?  If he did not, then I don't see how they can require his financials.  Have you tried requesting an escalation at SunTrust?  Another idea is to go back to the divorce attorneys - have the wife's contact the husband's divorce attorney to discuss this situation.  If the husband truly did sign the note, he needs to understand a short sale will hurt his credit less than a foreclosure - perhaps he just needs to hear it from an attorney he 'trusts' (his own). 

I am going through this right now. First step was the wife asked if the lenders if they would do a short sale without the husband's information or participation. Both said yes if she could get him off title. The wife went to court and the judge removed the husband from title and now both lenders have committed to proceeding even though he's on the loan. (Neither lender has approved it yet though.)

The husband didn't show up at any of the court dates and didn't respond to any orders so the judge removed him from title. It was a long process but that was the result.

Unfortunately she will have to go back to court and have the judge find him in contempt and ask to have him put in jail. I know that sounds a bit over the top but when ex's go rogue like that you don't have a lot of choices.

During the divorce process the parties (at least in Wisconsin) need to complete a financial disclosure statement.  Have the parties completed it?  If so, use that.



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