Hi All,

I have a problem.  I have listed a short sale where the couple is divorced and the wife received the house in the divorce.  Several years after the divorce she has realized that she can no longer keep the house and is trying to sell it as a short sale.  The exhusband, of course, is still on the mortgages (2) and does not believe that he is responsible because the divorce decree granted the house to the wife.  We have had an attorney explain that he still amy be liable for the deficiency and that it is to his benefit as well as hers to cooperate.  He says "he chooses" not to participate.  Has anyone had this experience and what do we do.  I have been told that we can go before a judge and force him to cooperate but that will take time and money.  Any suggestions?

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Yes, you can have a judge force it but it takes alot of time and aggravation.   I would say "pass"

I concur.

Harry I have always liked your style my friend :)

Be very leery of working with separated and/or divorced people. Even if you think they would cooperate, the whole thing could blow up at the very last minute - just because. I have walked away from soon-to-separate couples for that very reason. I would not put in all that time, effort, etc. ESPECIALLY ON A SHORT SALE when it's clear that "he chooses" not to participate. That's your warning. Do not pass Go, do not collect $200.00  ...and, more importantly, don't have your time wasted by two people who have it in for one another.

She still needs professional help to get out of the situation.  I have one like this right now.  She has her attorney filing a petition to get an order for him to appear in family court.  It will be 4-5 weeks before she will be before the judge.  In the meantime, you can submit everything to the lenders for approval.  They will approve it, just let them know that he isn't participating.

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