Legal Question in Real Estate Law in Florida

Re: foreclosure

I am sorry to say but without your Husband's signature on the closing documents there is no easy way to sell the property. This not mean that it cannot be done however. If there is any equity in the property, you may be able to convince your husband that it would be wiser to cooperate and share in the equity than to lose it to the bank.

If a divorce is filed, you may petition the court to appoint an attorney ad litem to execute the documents on his behalf. Generally the Court will give your husband a period of time (i.e. 10 days in which to sign) failing which the attorney in fact can execute the documents on his behalf with the legal authority of the Court.

This is a very complex legal matter and there is no substitute for an experienced real property or family law attorney to help you. I strongly suggest that you consult an attorney and provide all of the details of your situation so that you may get a complete answer to your questions.

Scott R. Jay, Esq. 305-249-8000