Legal Question in Real Estate Law in Massachusetts
Mortgage/ Deed of Trust
I am trying to put my house on the market (short sale) in order to avoid foreclosure. My husband signed the deed of trust but he did not sign the note. My name is on mortgage, deed and note. Do I need his signature in order to list and go through with the short sale?
2 Answers from Attorneys
Re: Mortgage/ Deed of Trust
A short sale is with the mortgagor, and it depends on their standard.
Re: Mortgage/ Deed of Trust
As an owner of the property, he needs to sign the deed at closing. You both do not need to sign to list the property for sale, but it would be better if he does sign the listing. He will have to sign the deed for the sale.
If you can't sell the property, you could offer to give the lender a deed in lieu of foreclosure.
Good Luck
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