View Full Version : Can I refinance my loan
toosweette2
Oct 1, 2014, 09:36 AM
I had my house for 3yrs. And now my exboyfriend threatened me to put his name on the deed with right of survivorship a yr. ago... I am the only one on the loan and what can I do to get him off if he doesn't want to sign a quit claim because I have a restraining order against him now and I would like to cut all ties with him even if it means to let house go into foreclosure. Can I refinance without him present cause I am the only mortgage holder
smoothy
Oct 1, 2014, 09:38 AM
If his name is on the deed... he is now part owner... and you have to buy him out of his share. You can refinance but he still retains partial ownership and is entitled to a portion of the sales price if its ever sold. In fact it could never be sold without his approval, unless you did a partition lawsuit, but you would still owe him for his share.
But you can't MAKE him "Give" it back to you now that he is part owner.
AK lawyer
Oct 1, 2014, 09:56 AM
... my exboyfriend threatened me to put his name on the deed ...
So you are saying that you did put his name on the deed, following his threat? What sort of threat did he make? It is possible that you could sue to revoke the deed on the ground of duress.
ScottGem
Oct 1, 2014, 11:45 AM
AK has some good questions. What type of threat did he make to get you to give him a half interest in your house, if that's what you did. If, indeed, you did that, then as smoothy said, he is a half owner. He must sign off on any refinance. He is entitled to one half of the proceeds from any sale. He must approve any sale.
We need to know the details about your signing over half the property. We also need to know your general locale as laws vary by area.
Fr_Chuck
Oct 1, 2014, 04:46 PM
Agree, it sounds like you already signed to put him on the deed. So he owns half of the house, If he will not sign it back, you will have to buy it back, or pay him 1/2 of any procedues when the house is sold.
He will need to sign, for any new loans