The Catholic University of America Columbus School of Law
J.D. | Law
1999 - 2002
Top Attorney in Maryland
Q. If a spouse refinances a home ALONE when deed is in both names(married at the time)is the mortgage considered DEFECTIVE?
A: It depends on how title is held. If title is held as Tenants in common (refer to your deed to determine how title is held) then the deed of trust is effective as against the individuals divided interest. If the property is held as tenants by the entirety (common for married people) then the lien of the deed of trust is defective. The obligation under the promissory note is valid but the lien on the property is not. It would be very unusual for a lender to loan money to one spouse without having the other spouse consent to the lien on the property.
March 12, 2012
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