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.


Asked on 8/22/07, 8:00 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real Estate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 8/22/07, 9:40 pm


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