Can you Refinanceor modify house mortage

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or modify it if you are the primary without the co owner’s signature?


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No, if there are multiple parties either on a current loan, or with ownership interest (such as a spouse on title, even if not on the mortgage), all their consents are required for a refinance, modification, or sale. There have been many lawsuits against lenders and title companies who conducted such transactions without obtaining legal consent from all owners.

Answered 7 months ago
Ted Rood
1344 6
6 months ago PH said:
 

Does that include changing a deed from tenancy with rights of survivorship to tenants in common sale without the consent or knowledge of one of the owners on the deed?

6 months ago Ted Rood said:
 

@PH Yes, it should. One owner can’t change the vesting for all parties without their consent…..

6 months ago PH said:
 

@Ted Rood Thanks, just wondered how that’s allowed to take place, cause I have read several court cases in which the deed had been changed in secret and placed in a safety deposit box and not recorded and if the spouse or other party passed away before that person, then they threw away the secret deed that gave them 50% of the interest in the home to pass on. Because the recorded deed of tenancy with rights of survivorship gave them the 100% ownership if the other party died first. I also read cases where if that person died first, they had their will tell about the deed they had drawn up and had notarized and some even had them recorded at the court house right before they passed away to leave their 50% interest to their children or someone else. Then the surviving spouse finds out about it after the death of their spouse that they no longer own their home outright like they had originally planned and have to either buy their home back from the other person granted or they have to sell. The cases I read said that the courts upheld the new deeds stating that owners had a right to change their deeds without the other party agreeing or giving their permission. I can see both sides too though, as with step children that one spouse wanted to leave their part to their child or children, and the step parent didn’t feel the same way. But it should be done with at least notification to the other party! We didn’t get any kind of notification written or verbal. I just had a funny feeling our deed needed to be checked! Glad we checked, and at least now we have an idea of what we are working with.


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