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Can a non borrowing spouse be sued for foreclosure when she isnt on the mortgage just the deed?

Ocala, FL |
Filed under: Foreclosure Real estate

I moved out of the home over a year ago and was served a summons for forecloser on my husbands home. my name isnt on the mortage just on the deed. if i file a quick deed release will this help?

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Attorney answers 4

Posted

Yes. you are being served BECAUSE you are on the deed. The bank needs to notify anyone who has any sort of recorded interest in the property.

Posted

You are being sued because you're on the deed but they cannot seek any money judgment from you as you're not on the promissory note. I would speak to a local real estate attorney before deciding whether or not to take any action.

The advice above is not intended to be legal advice

Posted

You have an interest in the property because your name is on the deed. This is why the bank named you as a defendant in the action. If you name is not on the note, the bank cannot seek a money judgment against you.

Natalie Guerra-Valdes
(954)764-7878
nvaldes@valdeslawfirmpa.com
www.valdeslawfirmpa.com

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.

Posted

Because you are on the deed, you are (one of) the owners of the property and are therefore what's known as an "indispensable party" to the foreclosure lawsuit that was filed. I would recommend that you contact a licensed Florida attorney who practices foreclosure defense to ensure that you have incurred no personal liability with respect to the mortgage and to see what rights and remedies are available to you.

Michael P. Fuino, Esq.
Associate, Matthew D. Weidner, P.A.
(727) 894-3159
mfuino@mattweidnerlaw.com

This answer is for informational purposes only and should not be construed, in any way, as the acceptance of representation and the creation of an attorney-client relationship. No attorney-client relationship shall exist unless and until a retainer agreement has been signed by Matthew D. Weidner, P..A. and countersigned by the prospective client.

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