Can someone legally get a modification on a joint mortgage with only the co-borrowers signature?

I’m divorced and was wondering if my ex-wife is allowed to get a modification on the joint mortgage without my signature. The stipulation of settlement said she was to refinance to have my name removed 3 years ago but I was told I could do nothing because of the economy and the fact that the mortgage was “upside down”. The stip did say that neither party should hinder the terms of the settlement to be met, but I only got wind of the refi when the ex paid the new mortgage late and an automatic email was generated. Also, the bank rep I spoke to initially had some disturbing news but later changed her tune.

Asked on November 28, 2011 under Real Estate Law, New York


Michael D. Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

Both borrowers have to sign a modification.  But, if she does the legwork, why wouldn't you agree.  You can see the signature that was used by going to the county clerk.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.