Short answer

If a co-owner of inherited real estate signs a mortgage or refinance without your consent, that loan generally binds only the signing co-owner’s ownership interest, not your separate share. However, the lender’s recorded mortgage and a court foreclosure can still affect the property as a whole. Your rights and remedies turn on how title was held, what the recorded documents show, whether any signatures were forged or obtained by fraud, and West Virginia rules about partition, liens, and recording.

Detailed answer — how West Virginia law treats a unilateral loan or refinance by a co-owner

1. Who can mortgage the property?

Under widely accepted property law principles (applied in West Virginia), each co-owner of real property generally may mortgage or encumber that co-owner’s own ownership interest without the other co-owners’ approval. That mortgage normally attaches only to the signer’s fractional interest in the property. It does not automatically change title for the other co-owners.

2. What the lender’s recorded mortgage means

If the lender records a mortgage or deed of trust in the county land records, the mortgage gives public notice of the lender’s claim against the named borrower’s interest. Recording makes the mortgage enforceable against the borrower’s recorded interest and protects the lender as a creditor who relied on the recorded documents. However, a recorded mortgage signed by only one co-owner typically secured that person’s share. The lender may proceed against the borrower’s share — and, in practice, may seek a foreclosure sale of the whole property — but the mortgage does not, by itself, extinguish the non-signing co-owners’ legal interests without proper court action.

3. Foreclosure and sale — what can happen in West Virginia

A lender who holds a mortgage on a co-tenant’s interest can start foreclosure. If the court orders sale, the whole property may be sold and proceeds distributed. In that distribution, the mortgage debt will be satisfied out of the proceeds, and each co-owner gets a share according to their ownership interest after the mortgage-holder’s claim on the borrower’s share is satisfied. In practice, this means a sale can put a non-signing co-owner in a position where they receive proceeds but lose possession unless they pay off the mortgage or buy out the mortgage-holder’s interest.

4. When a lender may acquire stronger rights

A lender who makes a loan based on apparent title or representations can sometimes obtain stronger remedies. If the lender was a good-faith purchaser for value and relied on recorded instruments or on a co-owner who appeared to have authority, equitable doctrines (like estoppel) or state recording rules may limit a non-signing co-owner’s defenses. For that reason, lenders typically require all owners on title to sign for a full-property mortgage. If they don’t, the lender still may try to foreclose; the outcome depends on the court’s view of title, notice, and equities.

5. Forgery, fraud, or forged signatures

If a mortgage was forged or obtained by fraud (for example, a co-owner forged your signature), that mortgage is void as to you. You can file a quiet-title action or a suit to cancel or expunge the forged mortgage from the land records. Act quickly: courts treat forgery seriously, but resolving these claims can take time and require document evidence.

6. Partition actions and how West Virginia law handles liens

If co-owners cannot agree, any co-owner can ask a West Virginia court for partition — either physical division where practicable or sale and division of proceeds. West Virginia’s partition statutes explain procedure and how liens are treated in a partition. A mortgage recorded against a co-owner’s interest is an enforceable lien that must be addressed in the partition or sale process. For statutory guidance on partition actions, see West Virginia Code, Chapter 38, Article 5 (Partition): https://code.wvlegislature.gov/38-5-1/

7. Practical consequences for a non-consenting co-owner

• You may keep your ownership interest, but the lender may have a lien against the signing co-owner’s share.
• You can be forced into a sale through foreclosure or partition; you will receive a share of sale proceeds after lien priorities are resolved.
• You may be able to stop a foreclosure or sale temporarily by filing a court action (for example, to challenge a forged signature, to seek an injunction, or to assert a lien priority defense).
• If the mortgage was obtained by misrepresentation about title, you can seek relief in court (quiet title, cancellation of deed or mortgage, or damages for fraud).

What you should do now — immediate steps

1. Check the county land records (recorder’s office) where the property is located for any newly recorded mortgages or assignments. Obtain copies of the mortgage, deed, and any recorded affidavits.
2. Confirm how the property is titled (joint tenancy, tenancy in common, as personal representatives/estate name). Title form affects who can act alone.
3. If you did not sign and suspect fraud, contact an attorney promptly and consider filing a lawsuit to quiet title or to cancel a forged instrument.
4. If a foreclosure starts, learn the deadlines in mortgage notices and answer any foreclosure suit or request court relief quickly. Missing deadlines can limit your options.
5. Consider negotiating: sometimes paying off, refinancing jointly, or buying out the signing co-owner is cheaper and faster than litigation.

Helpful Hints

• Document everything: keep copies of wills, probate orders, deeds, communications, and any bank or loan paperwork.
• Title matters: if title lists the property in one person’s name (even after inheritance), that person may have more apparent power; a recorded affidavit of heirship or a probate order showing transfer helps clarify title.
• Check recording dates and priorities: recorded liens are prioritized by recording date. Understanding priorities helps predict who gets paid from any sale.
• Don’t ignore notices: foreclosure or other court papers have strict response deadlines in West Virginia.
• Consider a protective lien or lis pendens: a properly filed claim or notice can warn potential buyers or lenders of your claim (your attorney can advise whether this is appropriate).
• Get title insurance or a title search: a title company can show encumbrances and help assess your risk and options.
• Ask about split-the-bill options: in some cases, co-owners can agree to refinance jointly to clear creditor claims and protect everyone’s interest.

Where to get help

Talk with a West Virginia attorney experienced in real estate, probate, or foreclosure law. If you can’t afford private counsel, look for local legal aid organizations or the West Virginia State Bar referral service. An attorney can advise about quiet-title actions, partition suits, and defenses to foreclosure and can check the county records and statutory rules that apply to your county.

Key statute (partition)

For the statutory framework on partition actions in West Virginia, see West Virginia Code Chapter 38, Article 5: https://code.wvlegislature.gov/38-5-1/

Disclaimer

This article is educational and informational only and does not constitute legal advice. The law varies with specific facts, and statutes and case law change. Consult a licensed West Virginia attorney to get advice tailored to your situation.