Legal Question in Real Estate Law in Florida

My wife has a mortgage and was being foreclosed on. She worked out a modification with the mortgage company about a year ago. Now I was looking at the records online and see that they added my name to the mortage. I never agreed to that or signed any thing. Is this legal?


Asked on 7/12/12, 1:45 pm

2 Answers from Attorneys

Spiro Komninos Komninos Law Firm, P.A.

From the limited information you have provided, I cannot detect any legal method by which a Loan Service Provider (Mtg. Company) can lawfully bind you onto an existing mtg. obligation owed by your wife as a sole signatory/guarantor alone without your consent and approval. To lawfully add you they must get your approval in writing and you must be added to the Mortgage. What may have occurred is that you are on the mtg., not as a debtor or mortgagor, but merely because you are married to your wife and thus could claim some right to the proceeds of the home upon foreclosure or liquidation of the property. This would still most likely require your knowledge and consent and may have been done during the time the mtg. was modified or as a specific condition of their agreeing to modify the mtg. You need to see a lawyer.

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Answered on 7/12/12, 2:02 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

You really need to have your papers reviewed by an attorney. You "looked online" and see your name was added? Not sure what this means. Did you sign the documents? If not then you are not responsible for the payments. It is not unusual for a spouse, who does not own the property, to be included on the mortgage and required to sign. The mere inclusion of your name without your signature would not subject you to the payments.

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Answered on 7/12/12, 3:06 pm


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