Legal Question in Real Estate Law in Florida

2nd Mortgage

My husband and I were divorced several months ago. The house was given to me and I am to pay the 1st mortgage which was in my name only. The HE line was only in his name secured by the home. He was order to pay the HE line, however I want it removed from the house, since a Quit Claim deed has been filed. How do I do that.


Asked on 3/25/08, 2:41 pm

2 Answers from Attorneys
David Davies Law Office of David H. Davies

Re: 2nd Mortgage

The bank that granted the HE line is not likely to agree to take the lien off of the home regardless of the divorce order. The divorce decree may say that your husband is obligated to pay off the HE line but that is not binding on the Bank. If your husband does not pay, they can still foreclose on the house or come after you personally if you are a signer on the HE line.

Good Luck!

DHD

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Answered on 3/27/08, 11:41 pm
David Slater David P. Slater, Esq.

Re: 2nd Mortgage

Until it is paid off, I doubt the lender will agree.

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Answered on 3/25/08, 5:46 pm


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