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Does my husband need my signature to refinance?

My husband claimed Chapter 7 bankruptcy recently and we owe 26,000 on our house, however I was unaware that the mortgage wasn't being paid because I was giving him my money along with his to pay it, and he did all of the bills online. Now we are legally seperated. I am living in the house that we owned for the last almost 30 years, and he has his own apartment. I'm trying to save the house, and I found out that he refinanced a few years ago without my signature. It went through, but I did not approve of it and my name is on the house and the mortgage. What can I do? Him refinancing has put me in debt and now I am losing the home that I lived in and raised my three daughters in. Can he get into trouble? by christ_256_780 from Baltimore, Maryland. Apr 27th 2012 Reply


Rick Mcinturff (rmcinturff)
#51 ranked lender in Maryland - 25 contributions

need more info, how much is the loan (you said 26,000) but is that the whole loan or just the loan YOU think is on the home. you're legally separated but not divorced so technically both of you are required to be a part of the repair of this loan, whether you pay it off by selling or by being able to catch back up. if you're over 62 and have at least 50% equity in the house you could do a reverse mortgage to pay off the mortgage and be able to keep it without too much of a hassle.rmcinturff@fnbmtg.com if you want to discuss, I'm in Montgomery County near Rockville so not that far away

Apr 27th 2012
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Michele Welch (michelewelch)
#29 ranked lender in Massachusetts - 10 contributions

Good Day. What an unfortunate series of events. You need to look at the laws in Maryland as far as being a homestead state. Also what he claimed the occupancy of the home at the time of his refinance. Most of that information is public record and available on line if your state allows it. If his refinance was considered an investment property then typically he does not need you to sign. The good news is that you should be able to negotiate your hardship with your lender. I suggest that you contact your lender again, again and again to see what options you have to apply for a loan modification. Refinancing in your name may be tough if there are recent mortgage lates on your credit report. It will take an effort to communicate with your lender but it is much better to address the issues. let them know you are aware and do not want to lose the house. I also suggest you get a free copy of your credit report from Experian, Trans Union or Equifax to see how the mortgage is reporting.

Apr 27th 2012
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Sondra Shemer (sshemer)
#35 ranked lender in Maryland - 2 contributions

Since you were on the loan and title, you would have had to sign paperwork and if he did this without you, that was illegal and yes he could get into trouble. I would definately look into getting a good real estate lawyer so you know what your legal rights are

Apr 27th 2012
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Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 1,823 contributions

I am not in MD, and although most of the rules are the same from state to state, the actual rules for MD may be different than my answer implies. Also, the rules are different based on how you hold title. If title is held as tenants in common, then each party (assuming there are two) owns an undivided 1/2 interest in the property. Generally, either party could get a loan secured by their 1/2 interest. If your name was on the title to the property as a joint tenant, at the time the new loan is originated, and the lender intended to secure the loan with the property, then the lender most likely would have required you to either sign the note and deed of trust or sign what is known as a disclaimer deed, which effectively takes you off of title. There may be some other variations that impact you and your rights.The first thing I would do is get a copy of the title records. These are public records, but depending on the county could be real easy or hard to access. You may want to place an order with your local title company and have them do all the research for you. Once you have the recorded documents, you can see if your signature is on the documents and if it really is your signature or your signature put there by someone else (forgery). If you were on title, and they made the loan without your permission, then you need legal help to stop the foreclosure. If the signature is a forgery, you need legal help. So as you can guess, my advice is to locate a local attorney that specializes in real estate law. Banks do make mistakes, and if they did, you shouldn't have to pay for it, but it probably will take a court order to get them to admit that they were wrong. Good luck to you. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com

Apr 27th 2012
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