Legal Question in Real Estate Law in Massachusetts

refinancing w/out orig co applicant allowable

My spouse and I purchased a home together. She left, I learned we are 3 months behind, I called, and they said I am no longer on loan, a refinance was done. Can this have happened without my knowledge? I do not want to lose house, have 1 month to offer, have deadline of 27th to pay 3 months. What can I do?


Asked on 9/20/06, 4:29 pm

3 Answers from Attorneys

Re: refinancing w/out orig co applicant allowable

Our office can assist you in either negotiating a workout or stopping foreclosure through bankruptcy proceedings. I will need to know whose name(s) is(are) on the recorded deed. Please feel free to contact me to discuss the details of your case. 978.250.4255

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Answered on 9/20/06, 4:41 pm

Re: refinancing w/out orig co applicant allowable

I do not do bankruptcy work, but a chapter 13 may stop foreclosure.

However, if you are on the deed, they would not be able to record a Mortgage against your interest without your consent and signature.

I suggest you contact an attorney as soon as possible.

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Answered on 9/20/06, 5:02 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: refinancing w/out orig co applicant allowable

The first thing I would do is get a copy of the mortgage document. You can get it from the people that made the loan, or get it by going through the registry of deeds. Do not believe what you hear, believe what you see. Then contact a lawyer and have the document reviewed and discuss your options.

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Answered on 9/20/06, 5:28 pm


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