Legal Question in Real Estate Law in Florida

Real Estate

I had to sign a mortgage with my ex wife to buy her a house, but was ordered off of the deed as part of the divorce. She has stopped making payments and is now weeks from final default. She is doing this to ruin my otherwise perfect credit. How can I stop her?


Asked on 9/20/07, 12:02 am

4 Answers from Attorneys

Scott J. Wortman Pineiro, Wortman & Byrd, P.A.

Re: Real Estate

If you were an actual "borrower" on the loan, then any delinquency would significantly affect your credit. If you were simply a "joinder" on the mortgage, and did not sign the Promissory Note, this loan obligation is not yours thus it should have no impact on your credit. If you were a borrower, your credit could be severely marred and you could face personal liability for the amounts unpaid under the Note as well as for the accelleration of the loan in full. Should you require formal legal representation concerning this issue, please contact me to discuss the nature of the representation and the costs of same. Thank you.

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Answered on 9/25/07, 9:29 am
Scott J. Wortman Pineiro, Wortman & Byrd, P.A.

Re: Real Estate

If you were an actual "borrower" on the loan, then any delinquency would significantly affect your credit. If you were simply a "joinder" on the mortgage, and did not sign the Promissory Note, this loan obligation is not yours thus it should have no impact on your credit. If you were a borrower, your credit could be severely marred and you could face personal liability for the amounts unpaid under the Note as well as for the accelleration of the loan in full. Should you require formal legal representation concerning this issue, please contact me to discuss the nature of the representation and the costs of same. Thank you.

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Answered on 9/25/07, 9:30 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Real Estate

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.

You can pay to reinstate the mortgage and then file a Motion with the divorce court for her to reimburse you and to pay your attorney's fees and costs. Otherwise, the case may go to final judgment and you will both face the loss of the house and your credit.

Scott R. Jay, Esq.

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Answered on 9/20/07, 12:22 am
Scott J. Wortman Pineiro, Wortman & Byrd, P.A.

Re: Real Estate

If you were an actual "borrower" on the loan, then any delinquency would significantly affect your credit. If you were simply a "joinder" on the mortgage, and did not sign the Promissory Note, this loan obligation is not yours thus it should have no impact on your credit. If you were a borrower, your credit could be severely marred and you could face personal liability for the amounts unpaid under the Note as well as for the accelleration of the loan in full. Should you require formal legal representation concerning this issue, please contact me to discuss the nature of the representation and the costs of same. Thank you.

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Answered on 9/28/07, 10:49 am


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