Legal Question in Real Estate Law in Minnesota

On a refinance transaction, daughter and mom are on the loan - same as at the time of purchase. However, at purchase, only daughter went in to title as an unmarried woman. Daughter is now married and refinancing. Mom is going to be on the loan again - and mom is married. Do all 4 people sign the mortgage? This doesn't change title, correct? She is still listed by her maiden name as an unmarried woman on the title search - which is how she took title at the time of purchase.

Asked on 10/25/10, 11:38 am

1 Answer from Attorneys

Sam Calvert Calvert Law Office

The spouse of a married person should sign the mortgage for a refinancing of Minnesota property. It is not necessary that they sign the promissory note, however, and it is not necessary that they be put "on title" by deeding the property to them.

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Answered on 10/31/10, 9:06 am

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