Refinancing

The legality of your questions should be answered by an attorney. If I have clients that refinance without their spouse even though they are on the deed, they can still refinance but the spouse will always have documents that require your signature at closing so I'm not sure what happened here. If you know who closed the loan, meaning title agent or attorney I would contact the title agent. Also if this was just completed there is a 3 day right of recission period from the date of closing & can you can object to going through with the refinance stating no knowledge of the transaction. Actually even after the 3 day right of recission you can contest the closing with the new lender & I believe they will recind the loan.

That's a question for an attorney, so I really cannot say, however in general, if there was only one name on the note, but 2 names on the deed, then the person on the note can refinance without the consent of the other person on the deed.. (Without consent and legality are 2 different things). If you were both on the note, then it would have required both signatures in most cases... WilliamAcres.com

are you in a community property state ? or did you close with a attorney title company?? on the deed, are you tittled as joint with rights of suviorship? community propery? sole and separate??

Tennesse is not a community property state so depending on your situtation there are some instances where he could have refinanced the home. Typically you would be required to sign a quit claim deed removing your title to the property before he could refinance the property without you. If you are recently divorced you could have signed something but if you did not then you will need to contact an attorney.

Your husband refinanced your home without your permission.. I am going to assume you did not want to be on title nor the loan? In many states you automatically get added to the deed as a spouse.. (check you state laws). However, now what you are talking about sounds like fraud. Joint loans require two signatures (husband and wife).Contact the lender and request copies of all loan documents.Contact the title agent (where the loan closed) and do the same.Mortgage fraud is a big deal. If you open this can of worms he can and may get into very big trouble along with the loan officer/agent who turned their cheek while he signed both of your names. I don't want to assume your husband did anything of the sort however I'd review all the documents pertaining to the loan. Mayne you signed and just cannot recall what you signed. An attorney will require review of all the loan docs, so start there..Best of Luck.Christina Solorzano