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I need to refinance, but my son is on my deed..Must he co-sign?

Mother put son on deed to her home to avoid probate taxes. Son is not on mothers mortgage or home equity loan. Now mother wants to refinance w/cash out to pay off credit card bills, is saying son must co-sign refinance since he is listed on deed. If son does this, he is then responsible for the loan, correct? He really doesn't want to sign as he has his own mortgage, kid in college, not much retirement money saved.. what advise can you give? by memphisgranny11 from Memphis, Tennessee. Dec 17th 2009 Reply


Leo Harvey (LHARVEY)
#6 ranked lender in Pennsylvania - 149 contributions

This is a common occurrence and doesn't need a lot of special attention. In most states the mortgage and deed have to agree but the note does not. If mother has sufficient income and debt ratios to qualify for the mortgage, she can apply without the son. The loan will be underwritten with just her qualifying information and the son will still be a recorded owner of the property. The only difference will be his name will be on the mortgage also pledging his collateral or ownership interest should mother default on the loan. He will not be responsible for repayment of the loan.If mother is 62 years of age she can also consider a reverse mortgage which may be a better option if there is at least 60% equity in the property. In this case the son will have to be removed from the deed via a quit claim which is a simple process. You may want to discuss the various options with a lender licensed in your state.

Dec 18th 2009
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