Legal Question in Real Estate Law in Florida

Florida Law. In Florida - 5 years ago, I was separated but my wife signed the mortgage and not the note on the home so I could have a place for the kids. Its the homestead and the bank wont do a mortgage unless both sign the mortgage.

She filed a quit claim deed the week after the closing.

I am going into foreclosure now.

She was named in the papers for foreclosure even though she did the quitclaim right after the closing.

Since she helped me I would like to help get her credit cleared up in any way possible.

1. Can a motion be filed to be dropped since she only signed the mortgage and not the note?


Asked on 5/28/10, 1:33 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Since she is named in the mortgage, she must be party to the foreclosure.

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Answered on 5/28/10, 6:09 pm


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