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question about joint mortgage

me and my husband have a mortgage on a house can he take my name off a mortgage without me knowing by jolenebrittle744 from Altadena, California. Apr 10th 2014 Reply


Sean Young (SeanYoung)
#1 ranked lender in Colorado - 1,112 contributions

Hi Jolene,If you are both on the mortgage your husband could not remove you from the mortgage unless he refinanced the mortgage into his name only. However you would of been made aware of this. California is a community property state so you have equal rights to the property if it was purchased during your marriage. If the property was already established in his name prior to your marriage than that may be a different story. I would call your lender and check the status with them directly. Best wishes, Sean

Apr 10th 2014
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John Schweer (johnschweer)
#24 ranked lender in Kansas - 163 contributions

impossible to do so legally, illegally yes it could be done but it would fall under mortgage fraud

Apr 10th 2014
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Jason Vondrak (jvondrak)
#220 ranked lender in California - 1,741 contributions

No, legally your husband will not be able to take your name off the mortgage without your knowledge. You must agree to it and sign off on it.

Apr 11th 2014
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

NO, that can not be knowingly done. The only way to take your name off a mortgage is to refinance into a new one.

Apr 11th 2014
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Mike Silkworth (msilkw_195_870)
#29 ranked lender in Michigan - 531 contributions

If you are on the mortgage, that would mean you are on title. If he were to refinance your home and get a new loan, he would need EVERYONE on title to acknowledge the new loan against the property since you are a partial owner of it. If this has happened, without your knowledge then either a terrible mistake has been made by the Title Company (you'd likely have a valid claim against them) -or- mortgage fraud was committed. Talk to an Attorney - all of these documents are public record and it would be easy to trace what happened.

Apr 11th 2014
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