Legal Question in Real Estate Law in Florida

Wife not on mortgage

Wife on title, but not on mortgage. If husband dies with no will, will the wife be able to pay the mortgage?


Asked on 8/03/08, 4:51 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Wife not on mortgage

In Florida, a lender (mortgage company) would be insane not to have a co-owner sign on the mortgage, or a spouse even if not a co-owner( because of Florida's homestead laws), so unless you put her on the deed after getting the mortgage, the odds are 100+ to 1 that she is on the mortgage. Notwithstanding, in my years of handling Florida probates, I have never run across a mortgage company trying to call a mortgage due and payable upon the death of the owner.

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Answered on 8/03/08, 5:06 pm


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