Legal Question in Real Estate Law in Florida

Re: responsibility

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Without reviewing the paperwork from the refinance, I can only guess as to your legal status. Based on the limited information you have provided it sounds as if you were required to sign the mortgage but not the note. This is required by lenders in order to be able to foreclose on the property in case your husband fails to make the required mortgage payments without having any possible defenses or issues regarding the property being your homestead.

If you did not sign the Promissory Note, then you are not responsible for the repayment of the debt.

By signing the Mortgage, you did not gain any ownership interest in the residence. This can only be done by a deed or a court order. You can not sell the residence. From what you have said, it is your husband's although you may have a claim to some portion of any future sale.

Scott R. Jay, Esq.