can you refinance and cash out with different bank

You must seek the permission in writing from your present lender before refinancing. 

If you're paying your mortgage to one bank and you want to change banks by refinancing (cash out) you do not need your current bank's permission!? You need a payoff. --For a new loan you'd have to fully qualify (documenting employment/income/assets etc). Although, if you happen to have a 2nd mortgage and only want to refinance your first mortgage -- then yes you would need a subordination agreement from the 2nd mortgage bank/lender. A subordination agreement allows you to proceed with refinancing your first and keeping your current 2nd mortgage in 2nd position. Otherwise, no, you do not need your current bank's permission at all. You just ask for the payoff and once you know your loan is paid and once your escrow account is settled, you start paying the new lender/bank. Good Luck   

You can refinance with anyone - they will work with your lender to use the new loan to pay them off - standard stuff - no permission needed     Good Luck Brian Barnes Senior Mortgage Advisor loans in all 50 states Brian@AimWithFocus.com