Refianced without my permission

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Husband refinanced without me knowing. He has Parkinson’s Disease & a side effect of medication has caused him to be a compulsive gambler. We have no savings now. Our only income is his s.s.disability benefits & my social securtiy. What can we do to stop our house from going into foreclosure? Also, was he allowed by law to refinance without me, I was on the mortgage before.


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No, if you were on the existing mortgage and deed of trust, he cannot refinance (nor sell) the home without your particpation and signature on the closing documents. You need to speak with a real estate attorney ASAP so he can find out how this happened, and potentially pursue damages against the lender and title company who facilitated this without your consent. Even if you weren’t on the existing mortgage, if you’re on title, you have to agree to any changes in liens, loans, etc.

Answered 7 months ago
Ted Rood
1304 6
7 months ago Janet said:
 

This refinance was done on 2/13. Is it to late?

7 months ago Ted Rood said:
 

@Janet Certainly not too late to speak with an attorney. He would be better suited to tell you what potential remedies are legally available. Run, don’t walk, to a local attorney today. Any documentation you have will be good to bring as well.


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Also, I would personally talk to the lender and the exact loan officer that handled your refinance. Bring your original loan documents to show that you were on the original mortgage. Bring the new mortgage showing that your were not on the refinance. I would also bring proof showing that you are on the title. Go in and ask the loan officer why you were not contacted to sign off on the original mortgage and how he/she could legally enact another mortgage without your consent? I would then mention that you are pursuing legal counsel.

This may very well light an immediate fire and some very fast corrective measures without the cost of an attorney.

Answered 7 months ago

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