Is it required to have the signature of both husband and wife on a loan modification or can the loan institute accept only one of the titled owners?

UPDATED: Sep 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it required to have the signature of both husband and wife on a loan modification or can the loan institute accept only one of the titled owners?

I am in the middle of a loan modification for a home I have lived in for 7 years. The bank has given me the modification but my wife refuses to sign the paperwork. I submitted only mine but package was returned requesting her signature as well. I explained to my wife that to submit a quick claim deed to remove her name cannot be done until this loan is approved and submitted to file. She will not sign anything and I feel that the bank will not finalize the loan until she signs. I have explained this to them but I feel they will not approve it.

Asked on September 13, 2011 under Real Estate Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the existing loan for your property that you want modified is in the names of both you and your wife, both of you need to sign the loan modification package regardless as to which of you are on legal title to the real property securing the promissory note by way of a mortgage or trust deed.

If your wife will not sign anything for the loan modification process, you are at an impasse in getting it completed in that the loan will not be finalized until all required signatures are placed upon the paperwork for the request.

I suggest you sit down with your wife and explain to her the need to carefully review the paperwork for the loan modification process, the importance that she understand the need for the modification and that she date/sign the application so it can be a completed package and submitted to the lender.

Good luck.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption