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hahna1 · Joined: 17 Aug 2009 Posts: 5 4.13 Dollars($)

The last recorded public record is the initial mortgage with the married couple as co-borrowers. Could the man have removed his name from the note without leaving a public record somehow - either while married, during their divorce, or after their divorce?

chrisburns · Posted: Mon Aug 17, 2009 1:55 pm Post subject:

So the married couple is now divorced?

There would have to be a recorded public record for any change like that to be made.

hahna1 · Joined: 17 Aug 2009 Posts: 5 4.13 Dollars($)

yes, the couple is now divorced. There isn't any way they could have done it as a transfer, an assumption, or anything else - and make it invisible to the public as far as recorded records go?

Jimmymackin · Joined: 17 Aug 2009 Posts: 66 0.65 Dollars($)

why are you trying to make it invisible to the public?

hahna1 · Joined: 17 Aug 2009 Posts: 5 4.13 Dollars($)

I'm not. I am trying to ascertain if he did, or if he is still responsible for the loan.

Jimmymackin · Joined: 17 Aug 2009 Posts: 66 0.65 Dollars($)

Public records keeps a chain of events...so although his name may not show up now, if you dig deeper you will find the original note, which if he was on it, will show up.

sorry for the confusion earlier

gmakerley · Posted: Tue Aug 18, 2009 8:34 am Post subject:

the debt instrument (note) isn't going to be updated in public records. i'm not quite sure i understand this whole discussion, but it seems that's the nub of it.

for a person to be eliminated from an indebtedness, all parties to that debt would need to be aware of it. whether there was a novation done, or a refinance, the party who remains on the note would certainly know.

hahna1, are you some sort of "interested third party" in this situation?

Posted: Tue Aug 18, 2009 2:05 pm Post subject:

Yes, I may be a victim of a mortgage fraud scam. I have one more question at this time:

If a person signs a mortgage but not a note, is he required to disclose that mortgage (would that be considered a lien in the amount of the note?), his co-ownership of the property, and the taxes he must pay for it, when applying for a new mortgage?

Also, that it had a lis pendens filed against it?

If he doesn't disclose this information, and signs the disclosure, the new mortgage, and the new note on a new property, is that mortgage fraud?

gmakerley · Posted: Wed Aug 19, 2009 8:18 am Post subject:

if there's legal action pending, in all likelihood it would be picked up on credit reports, and a lender would say "what's up with this?" in the event it hadn't been previously disclosed.

yes, when you sign a mortgage application, you swear to the veracity of the information provided. i cannot say with certainty that it would amount to "mortgage fraud" unless the mortgage application was approved and a new loan was closed.

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[size=24]If you are married do both parties need to be on the mortgage if it is your Florida homestead? I applied and received a mortgage myself they put me as a single woman which I did not catch at the time. I am now in arrears 18 months and trying to get a loan modification with the bank and they will not work with me. They gave me a trial loan that was 300 more a month than the original loan which I could not pay therefore they turned my down. I am trying to find ammunition to fight with the bank because I want to pay my loan but can only afford 1050 per month and they want 1600. Also, the original loan was with country wide now boa. They made me pay my house insurance separate. Do I have an leverage to work with. Thanks and God bless you[/size]

smithsussane · Posted: Thu Dec 02, 2010 2:22 am Post subject:

Hi loverose!

Welcome to forums!

Florida is a separate property state. In such a situation, it is not mandatory for both the spouses to be on the mortgage or the property deed. The person who has a good credit and income can be on the mortgage docs. You will have to speak to an attorney who will be the best person to guide you in this regard in order to take the right steps.

Feel free to ask if you've further queries.

Sussane

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In Florida, a married couple takes out a mortgage, joint tenancy. Is there a way to have one name removed from that mortgage without it showing up as a public record?