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ALABAMA LAW Question-Who is Legally REQUIRED to sign a mortgage?

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Kerri

Junior Member
Example:
On a Warranty Deed there is John Doe, Sr. and John Doe, Jr. John Doe, Jr. has married and is refinancing the property which is his homestead. John Doe, Jr., Mrs. John Doe, Jr. and John Doe, Sr. sign off on the mortgage. Is there an Alabama Law Code to be quoted to show that John Doe, Sr.'s wife will not have to sign the mortgage, considering the mortgage states that the property is not the homestead of John Doe, Sr. or his spouse?
Thanks, Kerri
 


pojo2

Senior Member
Your terminology is absolutely confusing. If Jr. and Mrs. Jr. refied what does Sr. have to do with it now? Or can Jr. still not get the loan without Sr. and Sr. is on the new Mortgage? And what do you mean by "...signed off on the Mortgage".

So now that I have muddied the waters further ask the LENDER or the Atty you have that is representing you in this type of loan and with the involvement of a family member to boot. Read a little and you will see where one Papa now APPEARS to be screwing his son out of 11 years of payments or some such.
 

Ohiogal

Queen Bee
Kerri said:
Example:
On a Warranty Deed there is John Doe, Sr. and John Doe, Jr. John Doe, Jr. has married and is refinancing the property which is his homestead. John Doe, Jr., Mrs. John Doe, Jr. and John Doe, Sr. sign off on the mortgage. Is there an Alabama Law Code to be quoted to show that John Doe, Sr.'s wife will not have to sign the mortgage, considering the mortgage states that the property is not the homestead of John Doe, Sr. or his spouse?
Thanks, Kerri
The three are on the deed. Usually it requires people on the deed to sign off on the mortgage. If Alabama has dower rights then Mrs. Sr. will have to sign to subordinate her rights to the mortgage company. This is done so that if the mortgage goes into foreclosure, Mrs. Sr.'s dower rights cannot take precedence over the mortgagor's rights. The mortgage company wants to make sure they are in the position of priority to collect on the debt.
 

seniorjudge

Senior Member
Kerri said:
Example:
On a Warranty Deed there is John Doe, Sr. and John Doe, Jr. John Doe, Jr. has married and is refinancing the property which is his homestead. John Doe, Jr., Mrs. John Doe, Jr. and John Doe, Sr. sign off on the mortgage. Is there an Alabama Law Code to be quoted to show that John Doe, Sr.'s wife will not have to sign the mortgage, considering the mortgage states that the property is not the homestead of John Doe, Sr. or his spouse?
Thanks, Kerri
It doesn't matter what the Alabama Law Code says.

If the person with the dough says you are not borrowing money unless Ms. John Doe Sr. signs, then you do not get any dough.
 

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