Q: 2 questions.. is it legal to take a loan on property without both owners consent?
not only did my grandmas sister switch her name and take it off the property and add her daughter in place of her, without my grandma present and her notarized signature, changing ownership of half the property without the other halfs approval is illegal mal practice right?
and the first question, loans and leans on a piece of property that you only own half of? without the other parties consent about the amount of debt being placed on the property
A: If a lender is foolish enough to make a loan to only one of two owners of the property, it is ok. Your great aunt committed forgery and fraud if she signed your grandmother's name to a deed without your grandmother's consent or knowledge. If there is a lien against only one party's interest in the property, it generally does not attach to the other owner's interest in the property.
A: You need to run this by an attorney in an office visit with all legal documents produced for review. Just not a situation that I want to guess the answer to. There could be other documents such as a power of attorney that made the transaction legal.
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