The original deed of trust contains the names of both husband and wife. This is a Joint Tenancy Deed ... no changes can be made without the consent of both parties, and that includes refinancing. One or the other spouses will need to "buy out" the other's interest and gain sole ownership before attempting this.
You must have the consent of both parties in writing.You must have the consent of both parties in writing.You must have the consent of both parties in writing.You must have the consent of both parties in writing.
If "parties" means grantor and grantee, then the answer is no. Only the grantor usually signs a deed, unless there are restrictive covenants to which the grantee will be bound. If "parties" means multiple people who currently own the property, then the answer is yes, all selling parties need to sign, either all present at once, or by power of attorney.
By refinancing the loan in your own name.
The "parties on the deed" are the owners of the property. The proceeds go to the owners. The proceeds wil be split 50-50 if there is a conflict about the distribution and as long as there is no language in the deed creating a different scheme of ownership.
No.No.No.No.
Yes
Not necessarily. Being on the deed as a joint tenant with rights of survivorship means they each have an equal share in the property. However, being on the deed as tenants in common means they could have unequal ownership shares. It's important to clarify the type of ownership when both siblings are on the deed.
You will need to get one of these from your local government office. Then you can just fill it out and have both parties sign it.
If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.
This means that the escrow paid off the first trust deed using the money from a refinancing. The cancellation of deed to secure debt occurs if a person refinances their mortgage.
A deed must be signed by the parties to the deed. If one of them was dead when the deed was created, then they could not have signed the document!