Legal Question in Real Estate Law in Missouri

I want to refinance, but my Ex is on some of the financial papers, but not the deed. The bank is requiring HER signature to refinance even though I have provided divorce papers. Why would they need her signature and Is there any way around this?


Asked on 12/22/10, 6:32 am

2 Answers from Attorneys

Anthony Smith LawSmith

your divorce decree does not affect the lender's ability to seek payemtn form her, nor yrou need to get her to sign off on any refinance. You may initiate an action to quiet title to the property in your name. If you are successful the lender should allow you to get a new loan and pay off the old one. But, you may have to pay her a portion of any equity you have, depending upon your divorce decree.

Good luck

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Answered on 12/27/10, 12:12 pm
Michael R. Nack Michael R. Nack, Attorney at Law

I believe that an attorney should review whatever the legal documents are in your particular situation before rendering any opinion about your legal rights or duties. I would suggest that you consult with an attorney and allow the attorney to review all of the relevant doucuments.

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Answered on 12/30/10, 7:31 pm


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