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Old 12-15-2005, 07:30 PM
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Join Date: Dec 2005
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Deed of Trust to Secure Assumption


What is the name of your state? Texas

I am currently going through a divorce and in lieu of splitting my husband's pension, I will be awarded our home in the decree (we own the home jointly). Knowing this, I have applied and been approved to refinance the home so that payments are affordable for me. Prior to granting the divorce, my husband is requiring me to sign a Deed of Trust to Secure Assumption. I understand this is to protect his interest in the case that I default on the current loan. However, since I plan to refinance immediately, will this hinder my refinancing and most importantly, will this document be void once I refinance the current loan? My husband is very untrusting altogether and I believe this document is to settle his paranoia, however I want to be 100% certain he has no rights or interest in my home once I refinance.

Thank you
  #2  
Old 12-16-2005, 07:17 AM
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Join Date: Aug 2005
Posts: 1,964
When discussing this issue with YOUR divorce Atty ask him/her how to resolve this issue. If you have no Atty then issues like these are why you should.

Sounds more like you need HIM to sign a quit claim so YOU can refi and then he is absoluutely free and clear of all responsibilities. I believe he will need to anyway for you to refi.
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