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refinance

Posted on: 14th Dec, 2006 04:02 pm
i purchased my home in 3/2002 and added my husband onto the mortgage in 2005. we are currently seperated and now i am trying to refinance. is there a waiver that husband can sign that will remove him from the new refinance deal.
Hi TNT,

You will be able to remove your husband's name by the refinance process itself. When you go for the refinance, you need to sign a separate note which will state the names of the persons on the new loan. There itself, you can keep only your name and not that of your husband's.

Thanks,

Sara
Posted on: 14th Dec, 2006 07:23 pm
Is your husband on the title also?
Posted on: 14th Dec, 2006 08:46 pm
good question adonis.

if the title is in her husband's name and if she wishes to take his name off the title also, then at the time of settlement of the refinance loan, her husband should sign over a quit claim deed or better a grant deed to hand over his share of interest to her.

thanks
Posted on: 15th Dec, 2006 01:41 am
Husband is not on the title, his name only appeared on the last refinance and the warranty deed........His main concern is losing his interest he's invested into the home. I only want to refinance to pay off a vehicle we purchased together....that's it....
Posted on: 15th Dec, 2006 04:30 am
If husband is not on title, then when you will refinance, the lender will provide you with a new note where you will be having only your name and not that of your husband.
Posted on: 15th Dec, 2006 08:53 am
Depending on what state you live in, and the community property laws, a lender may still require your husband to sign a quitclaim deed, even if he's not currently on title.

8)
Posted on: 15th Dec, 2006 09:32 am
If you are in a 'Community Property' state, he needs to sign the mortgage.
To truly get him off title and rights to the property, he would need to sign a quit claim deed. Once he signs the quit claim deed and it is recorded at the county court house, he does not sign the mortgage or have rights to the property. Your title company who will handle the closing can tell you more.

Good luck
Posted on: 17th Dec, 2006 07:04 pm
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