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can only one spouse sign a mortgage?

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rmanntuzla Joined: 16 May 2011 Posts: 2 1.46 Dollars($)	Posted: Mon May 16, 2011 10:23 am    Post subject: can only one spouse sign a mortgage? Like 0 Dislike 0 My father in 2004 signed a mortgage for a house in flordia with out his wife's signature. Is it legal in flordia to do that? My father has since passed away and my mom does not want the house, we are now in forclousure. this has been going on since 2006.
chrisgummerson Community Expert Joined: 29 Apr 2010 Posts: 704 Location: La Palma, CA 9.98 Dollars($)	Posted: Mon May 16, 2011 10:49 am    Post subject: Like 0 Dislike 0 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? _________________ Chris Gummerson Bay Valley Mortgage Group bayvalleymortgage.com 714-367-5125
rmanntuzla Joined: 16 May 2011 Posts: 2 1.46 Dollars($)	Posted: Mon May 16, 2011 10:54 am    Post subject: can only one spouse sign a mortgage? Like 0 Dislike 0 My mother DID NOT SIGN any mortgage or any other piece of paper for this house. I have seen the mortgage and my father's signature is the only one on it. (if he did sign it, we have a problem getting the signature authenticated.
chrisgummerson Community Expert Joined: 29 Apr 2010 Posts: 704 Location: La Palma, CA 9.98 Dollars($)	Posted: Mon May 16, 2011 11:03 am    Post subject: Like 0 Dislike 0 Contact your local title company and have them pull the chain of title to see what has been recorded and start from there. _________________ Chris Gummerson Bay Valley Mortgage Group bayvalleymortgage.com 714-367-5125
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Mon May 16, 2011 8:22 pm    Post subject: Like 0 Dislike 0 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

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