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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 532
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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If a wife signs refinancing papers who did not give her POA

Customer Question

If a wife signs refinancing papers for husband who did not give her POA what affect does it have on paperwork
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Assuming that the husband is on title and needed to effectuate the refinancing of the mortgage, the paperwork is incomplete. For instance, the new lender providing the refinanced mortgage could not foreclose on its mortgage in the event of a default. Also without the husband's signature, the title or closing agency should not apply the refinanced sums to pay off the exiting mortgage(s) or liens. In addition, in many states, if the property is a primary (or homestead) residence then the property cannot be mortgaged (or in this case re-mortgaged) without the assent of the spouse even if such spouse is not needed for the re-financing (I.e. not on the note).

Expert:  Michael Gonzalez replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It appears that your gated community is either a Home Owner's Association or rental community. Either way, many of these entities have the right to register any and all vehicles of renters (or owners) that will be on the property and parking. This procedure assists in administrating parking and facilitates security for the gated community as unauthorized and unknown vehicles can be excluded unless specifically invited by owners/tenants.

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