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Can my husband refinance without my signature?

We bought a house in NJ over 10 years ago. My husband did not include me in the title. After years i finally got him to add my name to title.For several reasons, i do not trust my husband though we remain together for the sake of our two boys. Now, he wants to add my name to the mortgage as well but i do not agree because all i make is already spent in the household and with the kids.I am afraid that he might do it all without my consent as he did when originally buying the house. Can he add my name to mortgage without my signature? What are my rights in NJ in reference to the house?.. by Lucnj1 from Bridgewater, New Jersey. May 9th 2013 Reply


William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

He cannot add your name to the mortgage.. if he refinances, then he will be refinancing in his own name.. however, the title will remain in both your names... When someone does a mortgage, all signatures have to be signed live, with a witness and notarized. There isn't anyone out there willing to go around this requirement for the sake of one individual... .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

May 9th 2013
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Ken Burrows (mortgagesforamerica)
#19 ranked lender in Nevada - 572 contributions

No he cannot do that without your signature and usually a full refinance. If he forges your name that is considered fraud which is illegal. There really is no reason for him to add your name to the mortgage as he will still be 100% responsible for any default. and it doesn't help you, it can only harm you in case of default. So really it is pointless to add your name unless you are trying to raise your credit score by having more accounts on your credit. I hope that helps.

May 9th 2013
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Ron Wohlfarth (RonWohlfarth)
#34 ranked lender in New Jersey - 65 contributions

Good Morning Lucy...No he cannot do that without your signature and the current lender would have to be involved... A new refinance is most likely the only way to have both names on the Mortgage.... If he forges your name that is considered fraud which is illegal... There is no reason for him to add your name to the mortgage, since he will still be 100% responsible for the Mortgage... Having your name on the Title (Deed) should be sufficient security for you...~~BUT~~ Please speak with a Real Estate Attorney to confirm... Should you have additiona questions or concerns, please contact us at: 856-853-1234 or e/m Money@RonWohlfarth.com

May 9th 2013
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Elden Lewis (elewis_409_299)
#41 ranked lender in Indiana - 223 contributions

The only way he could do that is if you give him Power Of Attorney giving him the authority to sign for you. The lender would require a specific POA as well. If you did not sign a POA then you should be OK.. However, not knowing New Jersey law i suggest you contact an attorney just to be on the safe side.

May 9th 2013
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Barb Lanis (BarbLanis)
#69 ranked lender in Illinois - 679 contributions

He cannot add you to the current mortgage. The only way to do this is via a refinance AND if you sign all the documents. Based on what you said regarding feeling uncomfortable about his motivations, you should speak with a real estate attorney.

May 9th 2013
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

NO... One to but, two to sell or refinance. Even if you were not in official title, you would have a marital lien on the property, and he would still need your signature to refinance. He might be able to sneak signatures for the loan application, but no title company or closing agent is going to let it close without you. If he does somehow manage that, call the Police for fraud.

May 9th 2013
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Raymond Denton (Raymond)
#10 ranked lender in Ohio - 224 contributions

The only way to include both your names on the mortgage is by refinancing it.

May 9th 2013
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