Legal Question in Real Estate Law in Florida

My husband purchased a home in Florida prior to our marriage or even sharing residence, though we both lived in the home after we were married. The property is now in foreclosure and the mortgage company is including me in the lawsuit against my husband. I am not on the mortgage nor the deed and have no legal obligations or rights to the property. How can I stop the mortgage company from suing me and putting a foreclosure on my credit?


Asked on 11/03/09, 1:57 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

You should include your defense in the response to the complaint. You will likely have to to provide evidence that you are not on the deed or mortgage (which should be easy). If you live there now they would have to include you in the complaint as a resident of the premises.

You should consult an attorney to help you prepare your answers to the Complaint.

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Answered on 11/08/09, 11:12 pm


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