Legal Question in Wills and Trusts in Texas

Both my father and my mother's names are on the mortgage account for their house but my father is currently in prison for the next 30 years and in order for my mother to modify her mortgage because she's having trouble paying it, they said she needs his signature on the documents as well as hers. They are divorced and he refuses to sign the documents risking my mother to get foreclosed. Since he is incarcerated is there still a legal need to have his signature on those as well?


Asked on 10/16/10, 5:51 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Take a look at the divorce decree and see how it deals with the house - does it award it to Mom? If so, the decree itself can be recorded with the county clerk as a muniment of title, and after that, a lender should be willing to deal with Mom alone (to refinance).

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Answered on 10/22/10, 5:50 am


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