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Is a mortgage note invalid without the lender signing?

Updated: 8/18/2019
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8y ago

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No, it is still valid

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8y ago
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Q: Is a mortgage note invalid without the lender signing?
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Your mother is a life estate tenant can you refinance without her signing any papers?

No. Your mother would need to consent to the mortgage by signing it. The lender will discover her interest when it has the title checked and will insist that she signs the mortgage.


What happens if the wife is on the mortgage and not on the note and the husband dies?

If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.


Can you get a mortgage without your lender selling your mortgage?

You have no control over a lender selling your mortgage. However, it is less likely if you do business with a local bank.


Can one spouse bump the other off title to real estate in California by a refinance loan in their name only?

No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.


What if you want to change the property of a mortgage loan?

You need to discuss it with your lender. The present mortgage would need to be discharged and the new mortgage executed if the lender agrees.You need to discuss it with your lender. The present mortgage would need to be discharged and the new mortgage executed if the lender agrees.You need to discuss it with your lender. The present mortgage would need to be discharged and the new mortgage executed if the lender agrees.You need to discuss it with your lender. The present mortgage would need to be discharged and the new mortgage executed if the lender agrees.


How do you modify mortgage?

The lender owns the mortgage and only the lender can modify it. You need to discuss it with the lender.


What does a primary mortgage lender do?

The primary mortgage lender holds the first mortgage. If his mortgage is not paid, he sells the property. He gets paid. You may have a second mortgage. If the second mortgage lender is not paid, he can sell the property. If he sells the property, the primary mortgage lender gets paid first, then the secondary lender gets paid.


Can your name be taken off mortgage without a signature?

Your name cannot be taken off a mortgage because the mortgage is owned by the lender. You remain responsible for the mortgage until it is paid off or refinanced without you.


Can a bank foreclose on a house if one spouse's name was deleted from deed without consent?

The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.


Can a bank come after you if you are on deed but not mortgage?

No. All the owners of property must grant a security interest in the property by signing the mortgage. If you owned the property at the time of the mortgage and didn't sign the mortgage, the lender made a serious error. The lender cannot take possession of your interest by a foreclosure and you are not responsible for paying the loan.However, if your name was added after that mortgage was granted the lender can take possession of the property by foreclosure if the mortgage is not paid, and you are out of luck. The lender cannot go to you for payment if you did not sign the mortgage and note.


Does a quitclaim deed remove you from financial responsibility?

No. A quitclaim deed changes the ownership interest in the property. This does not change or impact the loan note signed by the borrowers, both of whom retain join legal liability for the loan. Furthermore, most loan documents (usually the deed of trust or note) state that any changes to the ownership of the home without prior written consent of the lender constitutes a violation of the loan terms and may be considered a default.


How do you become a qualified mortgage lender?

A mortgage lender must be licensed and work within a bank, mortgage bank, or mortgage broker.