Profile picture for TeresaSmitleyFritz

Does my husband need my signature to refinance?

My husband claimed Chapter 7 bankruptcy recently and we owe 26,000 on our house, however I was unaware that the mortgage wasn't being paid because I was giving him my money along with his to pay it, and he did all of the bills online. Now we are legally seperated. I am living in the house that we owned for the last almost 30 years, and he has his own apartment. I'm trying to save the house, and I found out that he refinanced a few years ago without my signature. It went through, but I did not approve of it and my name is on the house and the mortgage. What can I do? Him refinancing has put me in debt and now I am losing the home that I lived in and raised my three daughters in. Can he get into trouble?
  • April 27 2012 - Baltimore
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Answers (3)

Yes, I agree.  Contact an attorney immediately to stop the possible foreclosure and resolve the debt issue.  Depending on which state you live determines if you are liable for your spouses debts even if you are unaware of them.
  • April 27 2012
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Profile picture for sunnyview
Maybe, but in any case you need to get some legal advice right now to see what your options are. There is a post on a legal forum with a similar question from another state.

Ask your local recorder's office for certified copies of any documents that were recorded for the refinance. They should have a notary on them that you might be able to get other documentation from. Bring all of those things to your attorney and ask them what to do.
  • April 27 2012
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Teresa, you need to speak with an attorney about this. We can't advise you on this matter because we are not lawyers.
I wish you the best of luck.
Sincerely,
Marney Kirk
Keller Williams Excellence Realty
  • April 27 2012
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