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My ex is tring to refin. our house. my name on deed not the morg. can he refin without telling me?

Julie
Other/Just Looking
Massachusetts

Answers (7)
Debt Free Dave
Agent
85260

You would have to sign a disclaimer deed in order for it to record. If you don't want to sell it, don't sign it.

Wed Nov 14 2007, 16:36
Wayne Laverdiere
Mortgage Broker
or Lender

Dover, NH

If you are on the deed, he can't sell or refinance without your signature. I would consult a title agent from a local company in your state and ask them to be sure. Different states have different laws.

Wed Nov 14 2007, 15:51
Troy
Other/Just Looking
Halifax, VA

yes he can becuacse he could sneek it

Wed Nov 14 2007, 14:09
Pam Winterbauer,...
Broker
San Ramon, CA

My guess is his lender would want a quit claim deed from you if he is refinancing without you. Otherwise he wouldn't be able to get the loan.

Tue Sep 18 2007, 22:50
Ian Cockburn, S...
Agent
70119

No he cannot.
Get an attorney to send him a ceritified letter telling him you do not want to refinance the house. Be very specific and to the point...this will be your backup plan, and also something to send to the holder of the first mortgage.

Tue Sep 18 2007, 11:18
Paul Slaybaugh
Agent
Scottsdale, AZ

Doubtful. The deed will be pulled so that the new lending institution is assured that they will have first lien position on the property. If there is any cloudiness to the title report, such as additional owners other than the person applying for a new mortgage, the lender will typically demand that either the other owners of record appear on the mortgage application or that they renounce their interest in the property. Speak to an attorney regarding any such legal issue.

Tue Sep 18 2007, 10:58
www.themlshu...
Broker
Roseville, CA
FIRST ANSWER

Hi Julie. I would say "no" as the mortgage will be an ecumbrance on the property that you own jointly.

Web Reference: http://www.go2kw.com
Tue Sep 18 2007, 10:36

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