Legal Question in Real Estate Law in Florida
My husband passed away leaving behind a mortage which my name is not on and I am not a co signer on. The bank refused to work with me. They would not even speak to me and now I am receiving forclosure papers with my name on them. Am I legally responsible? Will this affect my credit?
2 Answers from Attorneys
Did his estate go to probate? You are not responsible, his estate is.
If you want to keep the property you need to pay it. If you don't want the property, you are included in the foreclosure as the wife who has a potential interest in the property. You are not directly responsible for payment of the mortgage and note if you did not sign them. Sounds like you don't want the property. Notify the attorney who is foreclosing that you waive your interest. Your inclusion in the foreclosure is required to wipe out any interest you do have in the property.
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