My husband has his house way before we were together. We are seperated still living in the same house and he wants to refinance. His lender reached out to me and told me I had to do some type of e signature acknowledging I know about the Lon but am not involved. Can he still get the loan if I don't sign? by Heatherpadilla13672 from Coudersport, Pennsylvania. Oct 15th 2020
I am not a lawyer and do not intend this to be legal advise but from a lender standpoint if you have no interest in the house, not on deed or Noteor mortgage, there should be no reason for you to sign anything. You may want to contact your lawyer to get legal advise.
In a community property state, a non-borrowing spouse must execute what is known as a disclaimer Deed when their spouse borrows against a home. This document essentially says the non-borrowing spouse acknowledges that they are disclaiming, (or do not claim) an ownership interest in the property being pledged as collateral. This sounds like what you are being asked to sign. Now I understand that PA is NOT a community property state, but their laws typically distribute assets of divorced couples using the theory of equitable distribution. This sounds a little like community property, so my guess is that what you are being asked to sign is similar to the Disclaimer Deed. Before you sign anything, ask that you be given a copy to review. What you are looking for is what are you committing to. If it is similar to confirming that you have no interest in the property being pledged for collateral, it should be OK for you to sign, BUT... You should review the document with a legal advisor before you sign anything. ~ Bert Carpenter, The LoansA2z Team of NEXA Mortgage ~ NMLS 40586 ~ Licensed in Arizona, California, Georgia, Oregon, and Washington. Need help in other states? We've got you covered. NEXA Mortgage is licensed in 46 states ~ www.ApplyYes.com 480-889-9000.
It is sad when I see wrong answers here... I'm not 100% familiar with Pennsylvania, But in most states, like here in Minnesota, no, he can't get the loan without you signing. If you are married, (again in most states), while you will not be on the actual loan itself, and you are not taking out any loans yourself, you do need to sign a few forms. Basically you are signing and acknowledging that the home is a marital asset, and you are aware he is getting financing on that marital asset, or signing that you have no legal right to the marital property. I lend in MN, Wi , IA, SD, ND. Find me at iMortgageJoe.com - NMLS 274132
Ask our community a question.