Ask Experts Questions for FREE Help !
Ask
    toosweette2's Avatar
    toosweette2 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 1, 2014, 09:36 AM
    Can I refinance my loan
    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's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    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

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How soon to refinance [ 2 Answers ]

I just purchased my house the last day of October at 6.2%, as the rates drop I would like to try for a better rate. However, I have had a lot of people tell me it is too soon for us to refinance and we would take a terrible hit in fees. Can anyone give me some advice in this area? Cat

To refinance or not to refinance. [ 5 Answers ]

So a couple years back, I had a co-signer sign with me on a vehicle loan solely for the purpose of getting approved since my credit was good but brand new. I've made all payments faithfully up to now and continue to do so, as well as send extra to the principal. I'm ready to work on building...

Refinance Loan WITHOUT Quit Claim Deed Executed [ 10 Answers ]

Hello, My step-son's name is on Title on our home. We want to refinance our Adjustable Loan, remove him from Title, therefore, when our new loan is established, this would completely ABSOLVE him from his original loan on our house. He REFUSES TO EXECUTE THE QUIT CLAIM DEED "PRIOR TO US GETTING...


View more questions Search