my father refinanced my parents home when my mom got very sick and was in the hospital, my mom signed the paper work. the finance company inadvertantly

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my father refinanced my parents home when my mom got very sick and was in the hospital, my mom signed the paper work. the finance company inadvertantly

left her off the paper work. Neither my mom or dad was aware of this.  My dad passed away and my mom has been paying the mortgage for about six months. Now the mortgage company is after my mom to fill out papers to legaly be on the note. She is upset that they didn’t have her on it and wants her money back, and wants to give up the house. Is she in the right to do this?

Asked on June 9, 2009 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This is tricky.  One one hand you have the Statute of Frauds, which requires such items to be in writing and on the other hand you have the issue of performance. Your mother performed, and initially intended to be on the note.

She should consult with her estate attorney to determine what the best situation is for her but if she signed initial paperwork during the refinance and it was simply a scrivener's error not having her on it, then she is most likely out of luck.


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