Legal Question in Credit and Debt Law in Florida
Foreclosure
My husband purchased a home while we were married but due to my credit I had to sign off and was no where on the mortgage nor did I sign any financial obligations for the mortgage but I was on the deed and the house went into foreclosure and they have it listed against me also. How can I be forclosed on a mortgage that I never had?
2 Answers from Attorneys
Re: Foreclosure
Since you are listed as an owner you must be named in the suit for them to foreclose. They cannot obtain a money judgment against you if you did not sign the note.
Re: Foreclosure
The foreclosure is against the property used as collateral to secure a loan from the bank. You are brought into the case, because the bank wants to have title in the bank's name, yet it needs to remove your name from the title in this foreclosure process. If you voluntarily take your name off the title by quit claim deed, you should be removed from the foreclosure action.
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