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While separated can one spouse refinance a mortgage without the other as long as both their names are on the deed?
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.
How do you extend the maturity of a Tennessee deed of trust?
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.
Do both parties have to be there to sign the paper?
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.
How can you remove a co-borrower from a deed?
By refinancing the loan in your own name.
If your spouse is on the deed but not the mortgage do the proceeds at closing go to the mortgage holder or both parties on the deed?
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.
Is there a way to remove a co-signer from a mortgage without refinancing by using a quitclaim deed?
No.No.No.No.
Are you required to pay taxes on an investment property when your name is added to the deed for refinancing a mortgage?
Yes
Brother and sister both on deed is it equal property?
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.
How do you fill out bargain and sale 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.
When refinancing mortgage do both spouses have to be on mortgage in TN?
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.
What is a Rescission of security deed to secure debt?
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.
Is the deed valid if one of the grantees is dead when the deed is created and recorded?
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!
