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My husband refinanced our house without me. Is that legal or possible?

by sheryllpsai204 from Mesa, Arizona. Jan 26th 2015 Reply


Christopher Kimberlin (Ckimberlin)
#151 ranked lender in Arizona - 3 contributions

Yes it is. But you would have had to sign a Quit Claim Deed, unless he lied and said he was not married.

Jan 26th 2015
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Kevin W. Hardin (kevin@kevinhardin.com)
#144 ranked lender in Arizona - 9 contributions

In a community property state a spouse can refinance or create a new mortgage debt on real property. However, for that property to be considered sole and separate debt, you would have to sign a Disclaimer Deed. Now, a lender, will probably want you to execute a Quit Claim deed as well if you were on Title prior to the refinance as Arizona is not a Title Only state i.e. The borrower, in a consumer transaction, must be the same as the Title Owner. If you failed to sign a Quit Claim, if an owner prior, then there will be a cloud on title that will impair its future sale. If you were not required to sign a Disclaimer Deed, your Community Property rights will still be intact.

Jan 26th 2015
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Michelle Curtis Loan Originator NMLS 401173 (EmbassyFundingLLC)
#29 ranked lender in New York - 2,236 contributions

If you were on title , I don't believe so. Every state is a little different but that doesn't sound right.

Jan 26th 2015
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William J Acres (William_Acres)
#1 ranked lender in Arizona - 7,802 contributions

It would be nearly impossible to do without your knowledge unless he owned the home before your marriage... if you purchased it jointly, or if the deed is now in both names, then he would need your signature to refinance. and depending on which loan product he went with, they might even need a copy of your credit report to do this.. For a joint mortgage to be refinanced and remove the spouse, he would need many co conspirators because of the many hands that look at a loan file before funding and closing takes place.. and no one with half a brain would put their licenses in jeopardy for a one time refinance transaction.. It just doesn't make any sense.. if you go to Maricopa.gov and on the left, click "Recorded doc's".. and do a search, you would be able to find any deeds of trust associated with your property.. if this becomes overwhelming than you can call a title company and they would do the search for a charge not more than $300.. or you can contact me and I would be happy to do the search for you free of charge.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com

Jan 27th 2015
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Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 3,452 contributions

It is one to buy, two to sell or refinance. If you are married, OR in title to a property, it is NOT possible to refinance WITHOUT your signature.

Jan 27th 2015
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