Legal Question in Real Estate Law in North Carolina

If I am married and refinance my home in my name only, is my husbands signature required on any of the paperwork?

Asked on 2/08/13, 5:54 pm

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Spouse needs to sign the deed of trust, Truth in Lending and Right to Cancel unless you have some type of free trader agreement in place. As long as husband does not sign the promissory note, he is not personally liable for the loan but he is indicating that he is giving up any interest he may have in the property as to the lender.

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Answered on 2/09/13, 6:19 pm
Kenneth Love Ken Love Law

Yes, NC law requires spouses to sign off on all mortgage transactions even if they won't sign onto the loan itself. They must sign the deed of trust.

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Answered on 2/10/13, 2:57 pm


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