My fiance, a retired Lt. Col., is divorced, and the decree calls for his ex to get 17 percent of his retired pay plus COLAs, etc, until one of them dies. She has remarried, has not collected any thus far and has said she doesn’t plan to. He is working in Afghanistan a currently as a defense contractor and has saved a six-figure sum to put down on a home. But the home loan for $140,000 is about to fall through because the underwriter wants some kind of proof she will not collect. A notarized letter is not enough. She is considering whether she would sign an affidavit. I doubt she’d agree to amend the divorce. Is there anything that can be done? A different kind of loan? Some other kind of legal document? Must the 17 percent be considered no matter what? Will he never be able to get a loan?

Thanks for any information you might have,

If he's putting that much down on a house and having a hrad time in underwriting then there is something else wrong. What is the debt to income ratio being used? Credit score? The alternative is that you have an underwriter that has a case of tunnel vision.

Paul
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