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nstar60 · Joined: 04 Oct 2008 Posts: 4 2.99 Dollars($)

if one borrower in florida is on the note and both on mortgage does the borrower not on note have to sign any other documents

jerry · Posted: Fri Oct 10, 2008 3:18 am Post subject:

Hi nstar!

If both the persons are on the mortgage, then both of them should also be on the note. However, if you are speaking about a deed, then I do not think, the person will have to sign any further documents. If you are speaking about a co-signer, then he/she will have to sign certain documents. If you tell me clearly what you are actually speaking about, I can try and help you.

Thanks,

Jerry

Guest

What happened is that last year me and my spouse decided to refi after a mortgage broker called me and explained the 5 year option arm. We were trying to close before the divorce was final but of cause this was probably one of the last of those loans. I thought it was i good idea cause we were getting cash back and i would pay interest only payments since our divorce agreement said he was to pay mtg in liu of alimoney until house is sold and then alimony would be $500 a month for 3 years. I figured that the low mortgage payment would be for emergencies so he was going to pay $1040 a month and i would pay the difference. (That was my plan) the house is in foreclosre now cause he made 1 payment and didn''t feel he should have to adhere for whatever reasons. He did not complain when he received his share of the cash we pulled out , at least not at first. I chose a title company i used to work for at closing we were told that world savings would not close if we did not use the title company affiilated with the broker which Was Capital whatever. Don't know if i should mention names . I had no choice except not to close and i don't remember why i used my tilte company, probably cause the title search was done and the processing which i had a preliminary title search done a month before i think a judgment about to attach to my ex and we hoped to close signing a cma. Anyway on aug 2 the docs were drawn but something was wrong and the repulled the docs i guess at my request cause we were charged a 200 doller redraw fee. AND 2 title searches the whole thing didn't make sence on Aug 3 the docs were drqwn but we couldn't sign till aUG 6 and the date onthe docs were crossed out and initailed by me and my now ex. we were already divoreced on July 18 so his name was actually written in the first time cause the one we signed Mary Smith and john Smith husband and wife was crossed out and unmarried man and unmarried woman was put there which we intialed, . and all docs were date sensitve and intialed like right of recission . I dont remember what happened but we had to go back (separatley ) to sign or resign docs per lenders closing instructions , I know he signed the final TIL and Hud I am pretty sure he sighed the note. and i had to present our divorce decree at one point. We were also shorted 5000 dollars which does not make newly divorced people happy since we requested funds to be wired into separate accounts and we had to wait long that 3days cause the title company was in califorinia and did not realize that florida is not an escrow state my ex boss whose title company i chose had to wait as well. I also noticed that the mortgage recordee in public records is not the one we signed no ajs rate rider and my bosses signature is fuged i dont know how. But now the point is the mortgage company has the note with my name a single woman and i my copy is my name an unmarrid woman so i think there are 3 notes floating around with my name and they said he only has an intersest in property. I need his signature to do a short sale and the divorece decree says we are to split proceeds of sale in 3 years. I served him with enforcement of court order for money he owes me but i think that if he was notified of foreclosure propaply dont know if it would make a diff. but my issues with him have nothing to do with the way this closing went and the wrong docs floating around. Well that was a Quick reply!!!

smithsussane · Posted: Fri Oct 10, 2008 11:06 pm Post subject:

Hi NSTAR!

Welcome back to Forums!

You can contact the mortgage company and tell them about the mistake in the note. They will tell what you will have to do next. You can show them the documents as well.

Feel free to ask if you have further queries.

Sussane

Guest

What are the ramifications of being on the note and mortgage of a property but not on the title or deed. Are you protected if you are also on the title but not the deed?

adonis · Posted: Wed Jan 07, 2009 12:09 am Post subject:

Hi Katherine,

If you are on the mortgage note and not on the property title, then you are liable for the mortgage payments but you do not have ownership rights to the property. If your name is both on the mortgage docs and property deed, then you own the home and you're also responsible for paying the mortgage.

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when only signing the mortgage in florida what other docs should be signed if not signing the notei

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