Legal Question in Real Estate Law in Florida
Real Estate
My parents and myself Owned a home free and clear, however my husband fooled me into signing mortgage papers saying that it was for one of our rental properties. I now have a mortgage on it, however my parents did not sign - is there any protection I have legally? The mortgage did go toward some car payoffs, the payoffs on one of our rentals, and credit card debt.
1 Answer from Attorneys
Re: Real Estate
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If you signed a mortgage, you have an obligation to pay it back. Since you say your parents never signed, a lender might have to partition the property in order to get it sold to collect on it if you fail to pay, but that does not excuse payment by you. Non payment may result in the property being foreclosed on and the ruin of your credit history. You got the benefit of the monies, now it is time to pay it back.
Scott R. Jay, Esq.