Question by Bewildered: Can a person on the title but not the mortgage stop me from refinancing?
I have a loan contract with a person on the title (individual property grant deed) in which the contract for the loan “shall continue until the property is sold”. Even though I am not selling the property, I have offered a buyout amount for his 10% share and he is threatening to block any refinancing unless I meet his demand for a buyout amount. We differ on the appraisal amount of the property. My appraiser was approved by my lender and is a Certified Residential Real Estate Appraiser in California and I have no idea if or what type of appraiser he used. Can he do this even if he is not and will not be on the original mortgage or the refinanced mortgage? Would it be better to rescind the offer and just wait to pay him when I sell at a later date? Please let me know if you have any ideas on how to handle this situation.
Answer by SuziQ
SOUNDS LIKE YOU NEED TO CONTACT AN ATTORNEY FOR LEGALITIES. SORRY
Know better? Leave your own answer in the comments!
Yes. The person on the title can block your attempt to refinance.
You can wait to sell, but he will have the same veto power over any contract offer as well.
He can block you. You have your appraiser. He should have his appraiser. Next let the 2 appraisers select a third appraiser. Then take an average of all 3 appraisal. That should be fair.
HMMMM is correct. He can stop the sale.