QUESTION

What are my options if my brother refuses to sign the mortgage papers?

Asked on Nov 23rd, 2015 on Residential Real Estate - Florida
More details to this question:
My brother and I have inherited my parents house. The deed states tenants in common with life estate to me. I am in the process of refinancing this property. The loan is in my name only. The title company needs to have my brother sign the mortgage papers. Is there anything I can do if he refuses? I was also the executive of my parents estate.
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1 ANSWER

Asset Protection Attorney serving Vero Beach, FL at Charles H. Sanford Law Offices P.L.
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  I'm a little unclear about your deed. You say "The deed states tenants in common with life estate to me." This suggest that you own a life estate, but  I expect that you own more than a life estate as banks will not usually lend money to owners of life estates .    You should have an attorney look at the deed . However,  to answer your question , if in fact you own a property with your brother, then he must sign any mortgage on the property as well. There is really nothing you can do about that. You could buy him out but if he refuses, you'd have to sue him for partition of the property by the court.
Answered on Nov 24th, 2015 at 8:08 AM

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