Legal Question in Real Estate Law in North Carolina

If a spouse purchased a home before marriage and does a refinance after being married is other spouse liable in case of foreclosure. NC.


Asked on 2/01/15, 9:49 am

1 Answer from Attorneys

Kathie Russell Russell & Associates

It depends. If the spouse signed on the note for the refinance loan, the spouse is liable. If the spouse only signed the mortgage (deed of trust) the spouse has no liability. (However, the spouse will be named in the foreclosure since a bank can't foreclose without the spouse being noticed. This does not make the spouse liable for anything).

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Answered on 2/13/15, 6:55 am


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