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If my wife owned a property before we were married and decided to modify he

If my wife owned a property before we were married and decided to modify he

If my wife owned a property before we were married and decided to modify her equity loan after we were married and in doing so I was required to sign the mortgage....would I be responsible for that debt because I signed the mortgage but not the note?


Anonymous's picture
Anonymous (not verified)
14-02-2011

2 Answers
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1
I have to take it for granted, I guess, that you reside in a community property state.  Else, why would the lender have had you sign on the mortgage?  Are you now an owner of the home?   That would make sense. Because I have no experience with community property, I honestly don't have an answer for you.  My gut tells me that since you're not obligated under any promissory note that you'd not be responsible for the debt, but if you own the home jointly with your wife, you'd be responsible for the collateral and would be subject to any legal action that would take place.

gmakerley | Asked on 2011-09-15


1
I am in located in Florida. From what I have gathered, eventhough my wife took the original loan out prior to us being married, because we were married and the property was considered "our" primary at the time of the loan modification, I had to give my consent by signing the Mortgage. Also, because I am the spouse I would be notified of any leagal action that takes place. As a result,  a Judgement for Forclouser would have to be recorded in public records but should not show on my credit because I never signed the Note resulting in having no financial obligation or promise to pay. Does this sound accurate to you Mr. Akerley? Thank you in advance.

Anonymous | Asked on 2011-09-15

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