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Hello.

My husband and I are about to close on a house in Brooklyn. Since I’m not an American national and don’t have an American credit card, we decided to leave my name off the mortgage application.

The bank we’re going with furthermore required that my name is not on the sales contract, because I’m not the one getting the mortgage.

Now, shortly before closing, we’re finding out that my name also can not be on the deed, because I don’t have a green card, nor citizenship.

We’ve received various comments on how to deal with this, some of which contradict each other:

Initially I thought that the only way we could get around this would be to look for a completely new bank. Then I was told by the mortgage broker that this is not a requirement by this particular bank, but by Fannie Mae. The attorney, on the other hand, says that that can’t be correct, and that it must be because the bank does not deem the property habitable. The attorney seems to think that after the renovation is done, we can refinance. The mortgage broker thinks that we can refinance once I have a green card.

It’s very confusing and seems impossible to get a clear insight into what the problem really is.

Does anybeody know what the current regulations are? Also, would I be equally protected if my husband and I merely wrote a contract saying that the house belongs to both of us (for example if he were sued)?

I’d be grateful for an answer.

Best,
Nora