Posted on: 16th May, 2011 10:23 am
My father in 2004 signed a mortgage for a house in flordia with out his wife's signature. Is it legal in flordia to do that?
My father has since passed away and my mom does not want the house, we are now in forclousure. this has been going on since 2006.
My father has since passed away and my mom does not want the house, we are now in forclousure. this has been going on since 2006.
I believe that Florida is a community property state. A interspousal deed was probably prepared when they bought the property. Does your mother remember signing anything?
My mother DID NOT SIGN any mortgage or any other piece of paper for this house. I have seen the mortgage and my father's signature is the only one on it. (if he did sign it, we have a problem getting the signature authenticated.
Contact your local title company and have them pull the chain of title to see what has been recorded and start from there.
Hi rmanntuzla!
Welcome to forums!
I agree with Chris. You and your mother should contact a real estate attorney and a title search company in order to sort out the matter. However, as far as I know, if your mother's name is not mentioned on the mortgage docs, she won't be liable for paying the mortgage and the foreclosure will not affect her.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
I agree with Chris. You and your mother should contact a real estate attorney and a title search company in order to sort out the matter. However, as far as I know, if your mother's name is not mentioned on the mortgage docs, she won't be liable for paying the mortgage and the foreclosure will not affect her.
Feel free to ask if you've further queries.
Sussane