Question by michelleatk1: Is a new deed prepared when a property is refinanced and the mortgage is filed with the registry?
My ex-husband purchased our former home by refinancing in his name only. The mortgage is filed with the Registry of Deeds, but there is no deed filed. Should I assume my name is off the deed?
Answer by linkus86
When you refinance, ownership does not have to change. When your husband refinanced the loan in his name alone no new deed needed to be filed because the house was not transferred to someone else
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In order for your name to still be on the Deed you would have had to resign a Grant Deed. If you want to confirm title check with your county Recorders office and make you are no longer on the deed.
A new deed isn’t recorded unless ownership has changed. A Release on the previous note and a new Deed of Trust is recorded when a change is made in financing. But you haven’t presented all of the details pertinent to your situation. You state that your “former home” was refinanced and you refer to your “ex-husband;” does this mean that there was a divorce? To whom did the Court award the home? This is a vital piece of information because if both of your names were on the original deed, he just can’t refinance the home w/o your signature on some paperwork. And in most jurisdictions, when the Court awards the family home to one of the spouses in a divorce action, a quit claim deed is completed by the reliquishing spouse and recorded in the Deed Records. A history for change of ownership for any property is imperative but a refinance is not necessarily evidence of a change of ownership.