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In the state of Florida, what docs are a non-borrowing spouse required to sign at closing and why?

Orlando, FL |

I have a situation where the couple are in the process of divorce and the wife is purchasing a new home. The husband is going to keep the current home. The wife is at the closing right now and the husband is refusing to sign the Mortgage, which the Lender is requiring...stating that in the state of Florida the spouse is required to sign the Mortgage, but not the Note since he is not on the loan. The husband fears that he will be "on the hook" for the debt if the wife defaults and he is on the Mortgage. I am trying to assure him that this is not the case.

Attorney Answers 1


The spouse has to sign the mortgage (and only the mortgage) in order to release his or her homestead rights. If he does not sign the Note, then he is not responsible for the repaying the loan.

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