In Florida can you be on the Deed but not on mortgage?

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Icon Mini Profile rightwaydc




Joined: 29 Dec 2008

Posts: 2

1.64 Dollars($)
PostPosted: Mon Dec 29, 2008 10:29 am    Post subject: In Florida can you be on the Deed but not on mortgage?

I have a mortgage on a condo in Florida. My partner was having financial problems so he was not going to be on the mortgage but on the deed. He has since quit paying half of mortgage and I was told in Florida if you are on the deed you have to be on the mortgage also. His signature is on the mortgage, but borrower is Xed out. I think there may be mortgage fraud. Thanks
Icon Mini Profile jameshogg
jameshogg



Joined: 20 Dec 2005

Posts: 4291
Location: nevada
509.34 Dollars($)
PostPosted: Mon Dec 29, 2008 7:46 pm    Post subject:

Hi rightwaydc,

You have mentioned in your post that your partner's signature is on the mortgage. You should check out the mortgage docs properly and see if his name is on the mortgage docs or not. If his name is on the mortgage docs, he is equally liable for the mortgage payments. You can also take the help of an mortgage attorney who may tell you whether it is a mortgage fraud and the steps you need to take.

Thanks
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PostPosted: Tue Dec 30, 2008 6:50 am    Post subject:

If he's "on the deed" then he would be required to sign the mortgage, that does not mean he's responsible for the loan (as a borrower) - it only secures the mortgage company's lien on the property. If he was a borrower and signed the note then he'd share the same liability on the loan.
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