Refinancing with a non-participating spouse: is this possible?

[cputsche]

What is the name of your state (only U.S. law)? Texas

My husband and I have been married since 1997. In 2007, he purchased our home. HE is the sole signator on the mortgage loan, HE is the sole owner on the title. I was considered a "non-participating spouse." However, both of our names are on the Deed of Trust. This is the way we wanted to do it as I have a Federal judgment against me and my property from 2003.

The current mortgage interest rate on the note is 7.74% and the new locked-in rate is 5.25%, so it is worth the hassle.

My question is, is it possible for him to refinance our house without me being on the loan documents? The mortgage company (who holds our original note) says I have to sign them as a "non-borrowing spouse" but that they will not run my credit report or use my information. However, I do not want this as the judgment will "pop up" and the refinancing will not happen.

We have a current mortgage balance of $97K and an appraisal of $215K. The refinance amount was $110K that included all closing costs and a cash payout of $5K to payoff a credit card balance.