Legal Question in Real Estate Law in Florida
A few years ago I did a modification on my mortgage and the bank did not include my husband in it, even though his name is on the deed. Our home is being foreclosed on now and we have been told that the mortgage is invalid because he was not included on the modification. We are curious if this is a way we can fight the foreclosure, since he was not added by the bank on the papers.
1 Answer from Attorneys
When you do a modification of a home, there is no need for you to include your husband. Your husband would of had to sign the mortgage since he has an interest in the property by being married to you and the mortgage secures the property to the note. However, him signing documents does not necessarily mean he is financially liable. The best way to check who is financially liable is to see who the mortgage statements are addressed to.
The fact that he didn't sign any modification papers, or his name was not included on the modification is not a valid legal defense to the foreclosure. You incurred a debt, for the purchase or a home, or secured against real property, you defaulted on your obligation to pay and are therefore in breach of your agreement with the bank.
If you are facing foreclosure, I would advise you to seek legal counsel. If you would like to go into more detail and have me explore possible courses of action to resolve your legal issue, please feel free to contact me at [email protected]. I offer absolutely FREE consultations.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
