Legal Question in Real Estate Law in Florida

Deed and Title

Hi,

My home is being foreclosed on soon. I am not on the loan but am on the deed and title. Bank states I am responsible for the house because I am on title. My spouse has passed away. The loan is in his name. Do I have any obligations to the bank? Thanks so much.


Asked on 9/21/07, 7:53 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Deed and Title

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. If you never signed the Promissory Note, you have no financial responsibility to the lender. The only reason why lenders have spouses join in on the mortgage is to allow them to foreclose and regain possession of the property. The bank will file suit against you for foreclosure but should not be asking for any monies from you. If they are, you need to hire an attorney to represent you and take action to protect you immediately.

Scott R. Jay, Esq.

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Answered on 9/21/07, 10:55 pm
David Slater David P. Slater, Esq.

Re: Deed and Title

yes

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Answered on 9/21/07, 9:13 am
Scott J. Wortman Pineiro, Wortman & Byrd, P.A.

Re: Deed and Title

You do not have a personal obligation to pay back the loan, however, if the mortgage is not paid the house will be foreclosed upon. Assuming you did not sign the promissory note, upon a foreclosure, you will have no liability with respect to the unpaid loan balance but the house will be lost by way of foreclosure. Should you require further assistance regarding this matter feel free to contact me to discuss the nature of such representation and the costs of same. Thank you.

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Answered on 9/28/07, 10:55 am


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