Legal Question in Real Estate Law in Georgia

Can they Legally do this?

Can a Lender loan money such as a mortgage to one owner of joint property without the other owner's signature or consent? Would they not need a joint mortgage or a Quitclaim Deed signed by the other owner? If they can do this, how can the other owner protect themselves from losing their half of the property?


Asked on 11/26/02, 12:48 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Can they Legally do this?

While they can loan money without both signatures, I have never heard of the lender not requiring signatures of all owners. If they loan money to A, what's to keep co-owner B from selling all or part of his/her interest. Anyway, if this happens, B must make sure that the paymenst are made on time.

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Answered on 11/26/02, 3:26 pm


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