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Updated over 5 years ago on . Most recent reply

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Elizabeth Savage
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10 Year Old Paperwork? Is Underwriter being unfair?

Elizabeth Savage
Posted

I am refinancing a home - decree & recorded warranty deed have been provided (both document the home in question to me). I was divorced 10 years ago.  Within the property division there is a one time payment to him, decree indicates he gets check when I get warranty deeds.  Since the check is now 10 years old, bank keeps 7 yrs of records, I cannot figure out a way to meet this request.  Money was paid.  Additionally, the State of Texas has a 2 year statue of limitations, if he wasn't paid, and he wanted to sue me now, he couldn't.  We have no alimony, child support or maintenance agreement.

I have reviewed HUD 4000.1. I see that you have to document 2/3 months of debts and income...but cannot find anywhere that indicates that something from 10 yrs ago could be requested. I refinanced the other home and this never came up then.... is the underwriter being unreasonable? Where is it documented that this historic payment could be requested?

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