Refinancing but not Divorced

11-14-2006, 07:50 PM

ice5146

Member

Join Date: Oct 2005

Location: Lancaster, PA

Posts: 107

Refinancing but not Divorced

What is the name of your state? PA

Scenario.....

Husband and Wife separated 1.5 years ago. They sold marital residence and both purchased separate homes with Note and Deed in their own names.

Wife wishes to refi her home. Lender waived stipulation that husband sign waiver and any Settlement papers. Title Company is making husband sign waiver. I contacted a second Title Company and they said that it is not mandatory the husband anything since the property was acquired after separation, husband is not on current Deed or Note and Lender is not requiring signature.

Since separation or legal separation is not defined in PA Divorce Code and the subject property was acquired after separation, would signature of waiver be mandatory or is it simply assumed it "should" be signed?

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