Refinancing Question

North Carolina Divorce Law Divorce and Separation Answers
1

Your ex will need to execute a Special Warranty Deed to transfer the house to you before the bank will allow you to refinance. Special Warranty Deeds are favored over quitclaim deeds because they contain warranties of title.
The deed will have to be recorded by the register of deeds of the county where the property is located prior to the loan closing.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

Thank you, I thought so and just verified this with my bank. She is not going to like hearing this. Same as with some other things she has learned over the past few weeks.

I advised her to make sure the agreement included certain things and she felt they were not important. Now some of it is biting her in the butt.

I had also advised her to be careful with the amounts due on cetain bills that were in her name. Now I’m making payments on some of her credit but I only have to pay the total amounts listed on the agreement. I’m making the minimum payments, but the monthly interest charges are basically the same as the payment. By the time I pay off the amount I am responsible for in the agreement the balances will have hardly changed and be her responsibility.

3

My STBX and I are both on the mortgage hoever only her name is on the deeds. We have an agreement that states I will refinance the house in my name only prior to FD.

Question is won’t she have to file a quit claim deed on the house prior before I can refinance?