Thanks for the quick response.

Me and my mother have offered him a buyout on what his portion would be. Every time he has declined it.

The modified deed is not even asking for my mother's consent nor has she signed any quit claim deed. I have to dig up the initial loan papers when we purchased the house to find out what the original deed stated when I get home. That reminder came into my head when I was typing my initial post.

I'm taking this as a NO do NOT sign the refinance papers. What if it was worded differently the deed portion? For example "Husband Buyer and Wife Buyer, husband and wife as community property, and Son Buyer, a single man as joint tenants."