Legal Question in Real Estate Law in Florida

Re: Quit claim deed

A quit claim deed cannot be rescinded or challenged by the grantor (i.e.-you) at a later date if you don't like the result. You can add an Assumption Clause to the Quit Claim Deed which specifically states that the grantee (i.e.- you ex-husband) assume the mortgage. You must identify the original mortgagor (i.e.-bank), the mortgagee (i.e.- borrower) the date of the mortgage, the date it was recorded, the book and page number it was recorded in, and the original balance of the mortgage. It sound to me like you are getting bad legal advice or you are getting scammed. I recommend that you demand that he first refinance the mortgage in his name only as a condition of you quit-claiming you home to him. Both of these actions can be done at the same time at the closing for the re-fi. I would speak to a local real estate attorney before taking any further action.