Legal Question in Real Estate Law in New Jersey

With a purchase mortgage, must a non-borrowing spouse sign the mortgage if they have signed the deed?


Asked on 2/28/17, 8:28 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Yes, the non-borrowing spouse must sign the mortgage only, in order for the lender to get a valid lien on the property. But be sure to not sign the Note, which is the obligation to pay. Why would the non-borrowing spouse have signed a deed? Isn't that person's name on the deed with the borrower's name? Don't let the lender force the non-borrowing spouse to give up her or his interest in the property; that is not called for. And if s/he does give up the interest in the property by signing over the interest in a deed, why would s/he have to the sign mortgage?

The non-borrowing spouse needs to consult with a lawyer before doing anything like this, because s/he is giving up a very valuable property interest, with no consideration for doing so.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 3/01/17, 9:49 am


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