Can I refinance a mortgage if my name is not on the deed?
4 attorney answers
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
Top Contributor 2017
Top Contributor 2016
Top Contributor 2015
Top Contributor 2014
Top Contributor 2013
You represented by an attorney who made this error, so you need to go back to that attorney and get it faxed.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
A deed from your friend to you and himself will fix the problem. It can be filed at the same time that the new mortgage is recorded. It is a very simple thing to do; any real estate attorney can prepare the deed very easily.
Get the deed fixed and refinance at the same time. I work with people all the time doing this. I know a very good mortgage agent that can assist and deal with these processes all the time. Contact a competent attorney who can work you through this process.
THIS IS NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE ATTACHES, THIS IS FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Adimando is licensed to practice in New York & New Jersey. His answers to any Avvo question are rooted in general legal principles. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Adimando is under no obligation to answer subsequent emails or phone calls related to this or any other matter.