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I have a customer who is on deed of trust and her husband is…

I have a customer who...
I have a customer who is on deed of trust and her husband is deported and she wants him off the account but I am not sure what all I need for that to happen, does he have to sign off on it , can I just redo the contract ,or do I need a divorce decree to do that...?
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Answered in 4 minutes by:
8/16/2017
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Good evening,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is your client one of the borrowers, or a party to whom the mortgage debt is owed?

Doug

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Customer reply replied 11 months ago
She is one of the borrowers

Hi,

Thanks for the clarifications.

While the lender, or present holder/owner of the trust Deed may drop the husband as an obligor on the loan, as a rule this is never done because it is always to the lenders advantage to have as many people as possible legally liable for the debt.

If your customer is seeking a refinance of the loan from your company, then if you want to refinance the loan and exclude the husband, you can legally do that, but if his name is ***** ***** deed, that may not legally be changed without his approval and participation in signing of a new deed which would remove him from legal ownership of the property.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
Verified
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Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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