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refinacing

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franny

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Post Posted: Tue Aug 18, 2009 5:00 am    Post subject: refinacing
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My husband has taken steps to refinance the house, but didn't inform me. He did this 5 years ago, also, and his was the only signature on that loan. Is it legal to do this?

Thanks,
Franny

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Post Posted: Tue Aug 18, 2009 5:15 am    Post subject:
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Hi,

Quote:
his was the only signature on that loan


If he was the only person on the loan, he surely had the right to refinance the refinance. In that case, your signature is not required. So, the refinance seems to be legal even though he didn't inform you about it. However, if your name was on the property title and he removed it while refinancing the loan without informing you, that would be illegal.
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Post Posted: Tue Aug 18, 2009 7:01 am    Post subject:
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If you did not sign the original mortgage when the home was purchased, then he does not have to inform you. With that said, it seems as if you did not sign the original application. I hope this helps...
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Post Posted: Wed Aug 19, 2009 3:39 pm    Post subject:
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Don't any of the states in which you responders work have dower rights laws. If there are dower rights in your state, lender has a problem with spouse not signing the mortgage deed -- said spouse doesn't need to be in title or sign the note (the obligating document)
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