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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 85869
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Wife signed as non-vested spuse required to sign on one of

Customer Question

Wife signed as "non-vested spuse required to sign" on one of our mortgages that is in default. I have filed for chap 13 and so am protected she has not. We have both been served a "Summons on Complaint" Do I need to worry about her on this or is it just scare tactics from thr plaintiff?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 years ago.
If she signed as a guarantor on the mortgage, then she is liable on the mortgage default and could be made to pay the judgment. At this point you should be worried and you really should get her an attorney to defend the matter.


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Customer: replied 5 years ago.
She did not...just signed due to some law in Fla. shes not on the deed at all. She just signed as non-vested spouse. yet she still got a summons of complaint. is this something that I can get around?
Expert:  Law Educator, Esq. replied 5 years ago.
If she did not sign as a guarantor, she merely signed acknowledging that you were making the purchase as a separate purchase, then she needs to file a motion to dismiss her from the litigation on the basis that it was your separate debt and FL is not a community property state, thus she is not liable for your separate debts.

Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 85869
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
thats what I though! how is this done?
Expert:  Law Educator, Esq. replied 5 years ago.
First, FL courts hate pro se litigants and pretty much force parties to hire attorneys. Second, at this point, you should have an attorney representing you in this matter or at the very least your bankruptcy attorney and you should engage the attorney to file the motion to dismiss and not do this on your own. The attorney should not charge much, but if it is not done properly it could be fatal to getting her out quickly.

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