Legal Question in Real Estate Law in Florida

Re: Mortgage

You should review this with your divorce lawyer. He should provide the answers. If not, follow the advice given in the previous replies.

Re: Mortgage

You are probably being asked to sign a waiver of any rights you may have to his property. I would ask for the documents in advance so you can read them. If you have any questions speak with an attorney. Good luck.

Re: Mortgage

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Under Florida law, the homestead of a party is not subject to the rights of any creditors unless the party has specifically agreed to waive this right. At the closing on a mortgage, a spouse is required to join in because the mortgage gives the lender rights to foreclose in case the borrower fails to pay the mortgage.

The lender will probably require you to execute the Mortgage, Truth In Lending, and possibly one or two other forms. You will not be required to (and should not) sign the Promissory Note. Accordingly, you will not be responsible to pay any monies if your husband fails to pay the mortgage.

I strongly suggest that you consult with a local real estate lawyer to review the specifics of this situation.

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

Re: Mortgage

You should request a copy of the documents in advance to review them or have them reviewed by a real estate lawyer to make certain that you are not agreeing to anything that may be unfavorable to your interests. If you are still legally married, the lender probably requires the borrower to have you sign documents waiving any rights you may have to the property. Do not sign the promissory note. Good luck.