My question involves a mortgage in the state of: Florida
My husband and I refinanced our home in 2005. Due to him starting a new business his income was not verifiable. The lender did the loan on stated income and put the note solely in my name. In 2008 we filed bk. We paid our mortgage each month until 8/2012 when we realized we were house poor, the house needs 40k in repairs, depreciating neighborhood, and house to small. After trying to sell, modify, rent we decided to walk away. We are one week away from our trial.
We need to purchase a new home due to spouse running business out of the house. (A landlord will not appreciate having to have a welder installed or five dogs.)
Since spouse was not listed on the note, but on the foreclosure, is there a way for him to sign over his interest to me and be dismissed from the suit? If so, can he qualify for a new mortgage right away or do we still need to wait the 3 years?
Any assistance will be appreciated. Thanks!