Legal Question in Real Estate Law in California
My wife did not sign the mortgage docs when I re-fied in 2003 (in CA), and I am the listed owner. Is the loan enforceable?
Asked on 5/25/11, 1:49 pm
3 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It's at least enforceable against you and the property it encumbered, to the extent that you had or later acquired an ownership interest in.
Answered on 5/25/11, 4:36 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Yes, to the extent of your ownership at any time since the loan date, as Mr. Roach says. If you are or were a 100% owner, the property is 100% susceptible to foreclosure. Further, even if your wife had a deeded or pro-tanto interest in the property, if the lender were unaware of the marital relationship (e.g., due to a failure to record the interest) the loan could be foreclosed.
Answered on 5/26/11, 12:44 pm
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