Legal Question in Real Estate Law in Pennsylvania

home equity/mortgage

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?

Asked on 8/24/07, 2:25 pm

1 Answer from Attorneys

Miriam Jacobson Law Offices of Miriam N. Jacobson
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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.

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8/24/07, 3:10 pm

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