Legal Question in Real Estate Law in Florida

Partition of Property to Sale
Prior to marrying my wife; she had purchased a town home (with no down payment) and proceeded to allow her then boy friend to live with her. She was then tricked into signing a quitclaim deed which added her ex-boyfriend to the deed but not the mortgage (we�ve already fought the fact that no notary was present but to no avail). A lawsuit has ensued for over 2 years now with little or no progress being made at all. During the past 2 years my wife and I have made every mortgage payment and utility payment on our own. Her ex-boyfriend has not paid out one cent since they broke up.

At this point, the property has been set for partition to sale soon but I�m a little uneasy about it.
If the property sells for less than what we owe on the mortgage, then is her ex boyfriend equally responsible for the remaining debt to the bank given that he�s not on the mortgage? (He has claimed half ownership for the past 2 years).

Also, given that I�m not on the mortgage, could I attempt to bid on the property? If I am able to purchase the property at the partition then what would happen at that point?

Lastly, is there anything her ex could do to delay the partition or have it cancelled completely?

Thanks in advance.

Asked on 7/20/09, 2:07 pm

David Slater David P. Slater, Esq.

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Re: Partition of Property to Sale

Since he did not sign the mortgage note, he is not responsible.

You can make a bid and if successful the court will issue a deed.

He cannot stop a court ordered sale, but he can also make a bid.

Answered on 7/20/09, 2:41 pm

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