Can my husband refinance without me if my name is on the current mortgage and deed?

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Can my husband refinance without me if my name is on the current mortgage and deed?

Asked on March 26, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, he can not refinance without your consent and signature UNLESS you have given him a Power of attorney to do so.   Why do you suspect that something is not right?  If you do suspect that he may be trying to refinancing without your approval OR that he is mis-using a Power of Attorney in some way I would suggest that you get some legal help with all of this.  The matter needs to be nipped in the bud and you need to make sure that your security interest in the house is in tact.  Perhaps notify the lender that you do not give consent to refinance or modify the loan?  Something pro active in maintaining your position.  Good luck to you.


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