The settlement is agreed. The refinance is what's holding it up.
For family law attorneys whose cases sit in limbo because one spouse can't get financing to buy the other out — and the lender won't explain why in plain language.
The three calls you're tired of
“The lender says she can't qualify on her own.”
The settlement assumed a buyout. A retail underwriter looked at one year of changed circumstances and said no. Now the terms you negotiated don't work and you're back at the table.
“They won't count my support payments.”
Support income carries seasoning and continuance requirements most clients have never heard of — and they tend to hear about them three weeks before closing.
“He's still on the mortgage and it's been eight months.”
The quitclaim moved title. It did nothing to the note. Your client is still liable, still can't finance anything else, and is asking you why.
What changes when the file goes to the right lender
Self-employment doesn't end the conversation.
Programs exist that document a business owner's income from bank deposits rather than a tax return — which matters when one spouse ran the business and the other is now qualifying alone.
Support income gets assessed early, not at the closing table.
Continuance and seasoning requirements vary by program. Knowing which ones apply before the terms are final is considerably cheaper than discovering them after.
Retained rental property has its own path.
When a settlement leaves one spouse holding investment property, programs exist that qualify on the property's rental income rather than on personal income.
Timing is worked against your calendar.
You'll hear what's achievable on the timeline you're working to, including when it isn't, while the terms can still be adjusted.
How the partnership works
You introduce — early.
Ideally while property terms are still being drafted, not after everything is signed and filed.
We review and report back.
With your client's written permission, you're kept informed at each stage — including when the answer is no.
Your client gets a clear answer.
And the terms you drafted rest on financing that actually exists.
We pay no compensation for referrals. Federal law (RESPA) prohibits compensation for referrals of settlement services.
Common questions
Bring us in before the terms are final, not after.
The cheapest moment to find out what financing is possible is while the property terms can still change.