Legal Question in Real Estate Law in Florida

mortgage vs deeds

I/We purchased our home 1 year ago, and because of personal reasons i was not put on the mortgage. But i was put on the deed. Now since then we have split up, but still live in the same house. I/we are now behind because of him, and there is a chance of forecloser. I recieved a call from the title company stated they made a mistake and i should not have been put on there, They want me to sign a quit claim.

I don't think i should do this, because i have payed the mortgage and have given him monies for it. I was told by a friend don't sign it. what should i do? could it be posible he is trying to get me off it? (meaning the man who's name is also on the deed, But the mortgage is in his name Only.


Asked on 8/29/02, 11:43 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: mortgage vs deeds

I strongly suggest that you do not sign anything at this time without the advice of an attorney. It does seem to me that this is a ploy to get your name off of the deed.

It is not unusual for one spouse to be left off of the promissory note (although not the mortgage) due to bad credit or other credit issues and still be on the deed.

This is a serious legal matter and you are advised to seek the assistance of a competent real property and/or divorce attorney.

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

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Answered on 8/30/02, 10:41 am
David Slater David P. Slater, Esq.

Re: mortgage vs deeds

Do not sign anything without legal representation.

You certainly are entitled to all the $ you paid out.

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Answered on 8/30/02, 12:22 am


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