Legal Question in Real Estate Law in Tennessee

Second Mortgage

My Mother in law, live with her daughter and her husband, in a house in TN. The house is paid off. If my sister inlaw and her husband want to take out a second mortgage, do they have to have my mother in laws signiture? Do they even have to let her know about it? The house is paid off. Thanks for your help.


Asked on 2/08/06, 3:35 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

First mortgage???

If the house is paid off, then it has no first mortgage. People cannot get a second mortgage without having a first mortgage. Whoever is on the title to the house would have to sign and agree to mortgage the property in exchange for a loan from the bank. Did anyone add the mother in law's name to the title? If not, then she is not an owner.

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Answered on 2/08/06, 3:42 pm


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