My husband bought a home in Florida in 2004. I was on mortgage, not deed or note. In 2005 he added me via quit claim. In 2006 he refinanced. I signed the mortgage but not the note. In 2009 we separated and I moved out. He stayed with the house until 2011, kept paying HOA, but not payments, he receive lis pendens? But has not been served yet. I contacted attorney and was told I have no liability as I was not on the note. HOA is another matter. They (dual HOA) have not been paid for a year. The primary HOA filed a lien against the property in April mentioning only my husband. The smaller HOA (governing only a few streets) filed lien mentioning me as well as owners. What are my options. I now own another home (homesteaded) and would like to protect my assets as well as my credit.
State/Country relating to question: Florida
Nothing yet as far as HOA. Liens are $1,500 & $500, but additional interest, fines etc cant be included so am sure it is much more. Can they sue me? By virtue of the quit claim? Can I file a quit claim now to remove myself?
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Good morning. If you are on title to the house, you do unfortunately have personal liability for the HOA fees and charges. The attorney was correct also in that you have no personal liability for the mortgage itself. The HOA's will not pursue you personally, however, until the first place the liens and then foreclose on the property itself. Because Florida is a super lien state, the HOA lien has priority over the mortgage and thus there will be value in the property to pay the HOA liens so you will not have to worry. It's your husband that will get stuck, because the deficiency on the mortgage will just be that much higher.
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