UPDATED: Jun 13, 2009

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My wife and I are trying to refinance our home .The house is in my name. The catch is that I had to file for bankrupcy a year and half ago. The bank representative instructed me to sign a quit claim deed and get the loan in my wifes name. THEY set up the appointment with the title company .WE were told to get an appraisal and if the numbers came back good we were good to go. The numbers were good but repairs had to be made to a delapidated deck to be approved we were told to do these repairs asap to be able to close by the 15 . 8,000 later told approved .Now told no has to be in name 1year

Asked on June 13, 2009 under Real Estate Law, Tennessee


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a Tennessee lawyer, and there are variations in the law from one state to the next, but in most states, anything that has to do with real estate, including a mortgage, has to be in writing to be binding, with very few exceptions.  You may not be able to do anything about this, if you never got a written commitment to make the loan.  For advice you can rely on, you need to have an attorney in your area review all of the facts.  One place you can find a qualified lawyer is our website,

For most of us, a home is the largest purchase and the biggest investment we have. The cost of getting a lawyer's advice, from start to finish, is a very small expense compared to the amount of money you have at stake, and compared to what an uniformed mistake can cost you.  Don't rely on what mortgage company representatives tell you, because their interests are not the same as yours!

And I suspect that what happened to you is the result of the way many mortgage companies (for good reasons) are set up:  there is a sales department, a qualification department, a pre-closing department, a closing department, and a post-closing department.  You have to work with each one, in turn, none of the people are the same and they don't talk to each other that much.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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