Momof16, Home Owner in 60081

If I was not on the refinance loan application as co borrower can I sign the mortgage and note as co borrower at closing

Asked by Momof16, 60081 Tue May 24, 2011

Loan officer said my credit wasn't good to qualify for 5/1 interest only and suggested my husband apply for refinance himself, which he did. The closing was done at our home, and the closer said that since my name was on the title, I needed to sign some of the papers. We told him I was not on the loan, and he said I still needed to sign some of the papers that he wrote my name on. Husband is now deceased and bank refused to talk to me since they said I was not on mortgage. Even after sending death certificate, all correspondences were sent to my husband and they would not talk to me about mortgage. It has never been reported on my credit. House is now in foreclosure and their papers show I signed note and mortgage. Estate went through probate because of credit cards my husband had in his name only. Probate lawyer knew about house (I gave him papers I had on the house) and my assumption that I was not on the mortgage. Who is at fault and can the bank file a judgement against me?

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3
Ranj Mohip, Other Pro, Chicago, IL
Tue May 24, 2011
The papers that you signed at the refinance were most likely for the purposes of waiving your homestead rights. Because you did not sign personally, the bank won't talk to you or come after you on a deficiency judgement. You can ask your probate attorney to get a court order that will allow you to speak to the bank.

Attorney Ranj Mohip is a Chicago real estate attorney. The information in this answer is general information and is not intended as legal advice, nor do I intend to create an attorney-client relationship with any reader by answering this question or otherwise contributing as a member of Trulia.com. Remember, consult the best real estate attorney in Chicago or in your respective area.
1 vote
Anna M Brocco, Agent, Williston Park, NY
Tue May 24, 2011
Consult with your attorney, he/she can offer better advice than any of us can...
1 vote
Rudy McDowell, Mortgage Broker Or Lender, Bloomfield Hills, MI
Wed May 25, 2011
Hi, Momof16. Already given answers are spot on. Please act accordingly and good luck.
0 votes
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