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

Ocala, FL |

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?

Attorney Answers 4


  1. 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.


  2. 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


  3. 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

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  4. 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.