Legal Question in Real Estate Law in Florida

Myhusband and I purchased a condo in Florida with another couple 50/50 split We paid cash for our half the other couple took a mortgage loan for their half. Now since the market has depreciated and they are in real estate they say they can no longer pay the mortgage on the property. It has recently gone into foreclosure. My husbsnd and I are NOT on the mortgage documents but we are on the deed with he and his wife. If this property goes into foreclosure would this foreclosure be on our credit record as well as their record? This is an investment property not a primaryproperty.


Asked on 10/08/09, 7:59 pm

1 Answer from Attorneys

Robert Roemer Robert Roemer

This puts your in in a difficult position. It seems that the way the structure of the transaction was set up you did not have to sign the mortgage on this properly. However, even if you can say that this is the situation if someone ran a credit check which is common it would seem to me that you would show up as a defendant in a foreclosure action because you have some interest in the property . The effects of this are your credit report could be effect an increase in your insurance rates,(homeowner,car,boat,etc.) loan rates, and other credit that you may have now or in the future. IF a credit bureau were to assume your position that it was not intended to be your loan obligation they still have a fiduciary responsibility to report that you are a defendant in a foreclosure action which will affect your credit directly. If you would like to discuss this with me further e-mail me your phone number or call me at my office to discuss your situation because it's different than the other couple . I have done him let a work in this area as a result of the economic decline and I can say to you that this is important to resolve in the correct way that gives you the maximum credit protection from these problems.

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Answered on 10/09/09, 12:19 am


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