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

Answers:

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.


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