A buyer who’s in the middle of a divorce and who’s scheduled to close on a house before the divorce is final. Who alone qualified for the financing, and is taking title in there name only. The lender is insisting that her soon-to-be-former spouse sign the mortgage agreement. Why?
The mortgage agreement gives the lender the right to foreclose if the borrower defaults on the loan. However, a spouse who hasn’t signed the mortgage agreement may be able to assert homestead rights, making it difficult for the lender to foreclose. So, if property could be considered the buyer’s homestead, most lenders will require the non-owning spouse to sign the mortgage agreement for the sole purpose of waiving homestead rights. Therefore, it’s a good idea for the mortgage to include language stating that the spouse is signing only to satisfy the spousal joinder requirement contained in the Florida Constitution and that the spouse is not assuming any liability or obligations in the note or mortgage. In addition, the non-owning spouse should always review the mortgage agreement carefully to ensure the terms are consistent with his or her understanding.
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"Tue, May 17, 2016
Just wanted to take a moment to recommend an outstanding real estate agent. About a year ago my wife and I looked into buying a new house. We looked at exit realty's website and the next morning we received a call from Joseph Schneider. He is a true professional with an outstanding personality he will instantly make you feel welcome as if you're working with a longtime friend. My wife had unusual requests for the property and Joseph listened and found the property meeting all our needs. He is patient and knowledgeable I would recommend him to all. We purchased our new home in August and since then Joseph has remained in contact, just checking in from time to time. You can look but I doubt you will find a better agent !"