HAMP denial. Texas doesn't recognize LEGAL SEPARATION, now what?

[iamchigirl]

My husband and I have been married for 5 years. "We" bought our home in 2007. (He didn't have an established credit history, so the mortgage is in my name only.) In April 2012, he decided he didn't want to be married any more and left me and our 2 year old child. When he left he stopped contributing between $3-5,000 per month that went to the payment of our bills. (Mortgage, Health, Child Care, Credit Cards, Car Payment, Car Insurance, Utilities, etc.)

My income alone can not cover all of the above-referenced bills.

My mortgage service provider has been giving me the runaround since April.

I finally heard back from them Friday. My HAMP app was denied. "The loan failed the Imminenet Default Indicator (IDI). Per investor guidelines this loan is not at risk of imminenet default and therefore ineligible for workout options. Please note we are able to waive the IDI results when a hardship is caused by death in the family, divorce or disability. If Mrs ** has a court signed separation agreement, we will be able to waive the IDI results and further review this loan for modification eleigiblity".

I am currently 60 past due with $0 in savings.

The state of Texas does NOT recognize legal separation, only divorce or annulment.

Am I stuck?

[Jeffrey L. Shurtliff]

My husband and I have been married for 5 years. "We" bought our home in 2007. (He didn't have an established credit history, so the mortgage is in my name only.) In April 2012, he decided he didn't want to be married any more and left me and our 2 year old child. When he left he stopped contributing between $3-5,000 per month that went to the payment of our bills. (Mortgage, Health, Child Care, Credit Cards, Car Payment, Car Insurance, Utilities, etc.)

My income alone can not cover all of the above-referenced bills.

My mortgage service provider has been giving me the runaround since April.

I finally heard back from them Friday. My HAMP app was denied. "The loan failed the Imminenet Default Indicator (IDI). Per investor guidelines this loan is not at risk of imminenet default and therefore ineligible for workout options. Please note we are able to waive the IDI results when a hardship is caused by death in the family, divorce or disability. If Mrs ** has a court signed separation agreement, we will be able to waive the IDI results and further review this loan for modification eleigiblity".

I am currently 60 past due with $0 in savings.

The state of Texas does NOT recognize legal separation, only divorce or annulment.

Am I stuck?

Depending on who your investor is will make a determination if their argument of no imminent default. If your loan is a Freddie or Fannie loan the imminent default indicator is $25,000 in liquid assets. If the borrower has less than this then they are in imminent Default. Also if you are separated but not divorced your husband's salary must be included in a HAMP request. This depends on how the loan docs read and who is on the title of the house.

[iamchigirl]

Thanks for the quick reply. I have a Fannie Loan, less $25,000. I'll need to examine my loan docs. But, I can just about guarantee he didn't sign anything other than the deed (which is held in my name et vir his name).

[Evan Bedard]

When you bought the property was his income used to qualify for the mortgage?