Lakeland, FL asked in Foreclosure and Real Estate Law for Florida

Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification without refinance.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: They are right: unless he signed the note, he is not liable. It's doubtful that your ex can require you to refinance or sell, assuming the two of you aren't married and getting divorced.

1 user found this answer helpful

A: If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.

1 user found this answer helpful

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