Orlando, FL asked in Tax Law and Real Estate Law for Florida

Q: In Fl my wife and I are on the deed but only I am on the Note. Are we both legally responsible for prop taxes and ins?

My wife is buying a second home in Ny and lender is saying my wife even though she isn't on the home loan note in Florida is still legally responsible to pay property tax and insurance because she is on Deed. The property tax and insurance come on the home loan bill in my name only because she isn't on note. What does being on the Deed make a person responsible for? Thank you

Related Topics:
3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Tax Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: You really should have asked this in Justia › Ask a Lawyer › New York › Real Estate Law ›, but I'm pretty sure that you are the only one responsible for taxes and insurance.

Vincent Gallo
Vincent Gallo
Answered
  • Staten Island, NY

A: Succinctly, while she may not be personally responsible to pay the taxes and insurance, if the taxes aren’t paid, you both risk losing the real estate through a tax foreclosure, and if the insurance isn’t paid in the house burns down, you both lose as well. So I would say that you are focusing on a non-issue.

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: The answer is in different parts.

1. Real Estate Taxes - these are not a personal obligation to an owner. If the tax is not paid the taxing authority can lien the property, but they cannot get a money judgment against the owner. Under the mortgage it says that the mortgagor is obligated to pay the real estate tax. So that is a personal obligation of the mortgagor. However the mortgage also likely says that the joinder of the wife on the mortgage has no financial obligation associated with her signature.

2. Insurance - essentially the same as real estate taxes except the insurance company does not get a lien on the property for unpaid insurance. Instead they just cancel the policy. There is no personal obligation to pay the premiums for the same reasons stated above regarding the mortgage.

A full review of your mortgage documents would be necessary for an accurate discussion. The above is generalized in nature and makes several assumptions.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.