if a husband and wife both hold a title to property can one of them sign and get a loan, a home equity loan or a second mortgage without the other's signature or knowledge?
1 Answer from Attorneys
Re: home equity/mortgage
One of two or more co-owners should not be able to get any kind of mortgage without all co-owners signing the mortgage itself. It is possible for one of several co-owners to be the person responsible on the note [evidence of the loan] and be the only one who signs the note.
However, some lenders are sloppy and do not get the signatures of all owners. The do not have a good mortgage against the property and would have a hard time trying to foreclose on the property.