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Julie, Other/Just Looking in Massachusetts

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

Asked by Julie, Massachusetts Tue Sep 18, 2007

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7
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.
Web Reference: http://GetPrequalified.com
0 votes Thank Flag Link Wed Nov 14, 2007
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.
0 votes Thank Flag Link Wed Nov 14, 2007
yes he can becuacse he could sneek it
0 votes Thank Flag Link Wed Nov 14, 2007
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.
0 votes Thank Flag Link Tue Sep 18, 2007
Pam Winterba…, Real Estate Pro in Danville, VA
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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.
Web Reference: http://www.iansellsnola.com
0 votes Thank Flag Link Tue Sep 18, 2007
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.
0 votes Thank Flag Link Tue Sep 18, 2007
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
0 votes Thank Flag Link Tue Sep 18, 2007
Ute Ferdig -…, Real Estate Pro in New Castle, DE
MVP'08
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