Can a mortgage company require both signatures on a loan modification if one party signed a quit claim and filed bankruptcy?

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Can a mortgage company require both signatures on a loan modification if one party signed a quit claim and filed bankruptcy?

Asked on December 4, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Custom and practice in the loan industry is that so long as the existing loan is in place all parties who signed the loan documents initially are required to sign loan modification documents even if one party is no longer on title to the property and has filed for bankruptcy protection.


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