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Carmen, my father in law's wife is in the process of

Hi, Carmen, my father...

Hi, Carmen, my father in law's wife is in the process of purchasing a home in Deltona, Fl with her daughter, who is also married. The title company informed her that her husband, Enrique, my father in law, has to sign a "Compliance Agreement, Non-Coercion Statement and Closing Agreement", or the sale falls through. Enrique does not want to sign as he does not want the possible financial ramifications in the future. They are married but for the last 10 months have lived with their respective children due to health issues. Enrique can no longer assist Carmen with the day to day responsibilities or the daily medical needs and vice versa. Can you elaborate on the FL TBE and what his options are? He will not be living in the home if the mortgage is approved. Thank you.

Lawyer's Assistant: Have you talked to a FL lawyer about this?

No time. Carmen had 10 days to gather the documents needed by the title company and she informed her husband on day 9 in the afternoon, yesterday. She got an extension until Monday morning but he has told her he would not sign any documents related to the purchase but does support her trying to buy a home for her and her two adult children.

Lawyer's Assistant: What steps have you taken so far?

Have reached out to relator friends for guidance on this requirement a couple of hours ago and you now.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They separated their financial assets prior to marrying 30 plus years ago and all their finances have remained separate. This home purchase, if he signs the agreement, would be their first joint financial endeavor. He will not be living the home as he lives with me and my husband, his eldest son.

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Answered in 8 minutes by:
7/13/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,466
Experience: Attorney with over 25 years experience
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Hello. Let me see if I can assist. Because your father in law's wife is still legally married, your husband has to sign off on the compliance agreement document to waive his interest in the property and to waive any homestead or interest in the property as her spouse. The document does not create any interest or obligation on him at all for the house, the loan, etc. He is just waiving any constitutional spousal rights to the property since he is still her legal spouse.

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Customer reply replied 1 month ago
The agreement we received has him signing as a buyer and the research we did online stated on several different websites that Carmen creditors could also come after him in the event of any financial issues on her part.

If he is not signing the promissory note --he is not liable for the loan. If he did not sign the contract - he is not a buyer obligated to buy.

Have I answered all your questions?

Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,466
Experience: Attorney with over 25 years experience
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Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 124
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Phone call session started
Customer reply replied 1 month ago
No. The agreement he's asked to sign, I attached it. Did you review it? there is nothing stating that he is relinquishing his right to the property. The papers address the buyers' responsibilities in case escrow is not sufficient, if there is a typo in the closing papers, the responsibilities to pay HOA fees if applicable, etc
Customer reply replied 1 month ago
Will my phone call cost not be charged to my credit card since we're typing?

Nothing attached.

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Customer reply replied 1 month ago
The document shows up with green check mark at the bottom of the page. I just reattched it.

Generally a compliance agreement is a peripheral document for closing. It is not enforceable by a seller

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Customer reply replied 1 month ago
Our concern is future financial liability in the event the house forecloses or the wife incurs financial debt. And like I said earlier, this document does not make any reference to waivers
Customer reply replied 1 month ago
Can I have a second opinion please? This is a major decision for my father in law and unfortunately because of the time limitations, we can't address our concerns with an attorney in person.
Customer reply replied 1 month ago
I just got the notice that my cc was charged for the phone call I never received.

I did not initiate the call. You can request refund for the call from customer service. I am fine with just chatting back and forth.

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Customer reply replied 1 month ago
i received the phone call

The compliance agreement does not have ANY future liability for your father in law

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I have been a real estate attorney in FL for over 25 years. These compliance agreements do not impose any liability on him for any obligations or liabilities for the house on the loan or on the contract to purchase with the seller.

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Customer reply replied 1 month ago
I got a call from Joyce but she couldn't review the document so she opted out and said I should get a credit for my phone call.
Customer reply replied 1 month ago
I'm trying to understand why it is needed in the first place since they are not living together and she is purchasing the home with her daughter. And why did I find online on reputable websites, that there could be liability in the future? That there is a downfall for spouses that sign the agreement in the event of future financial issues?

The closing agent is the one requiring it (not the seller or the lender). The closing agent should not have him on their since he is not part of the transaction. I recommend that the title agent tell you why it is legally required for him to sign.

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Customer reply replied 1 month ago
They said it is Fl law
Customer reply replied 1 month ago
Is it FL law that he has to sign that agreement? The waiver you mentioned earlier makes total sense since he has no interest in that property. But this agreement, it's just addressing possible errors in the final closing papers and responsibilities as homeowners.

The waiver is usually required by the lender. This document was created by the closing agent/not the lender. This document is just to correct any mistakes in the documents (missed by the closing agent) - it does not create new obligations for one not on the contract or the loan. There is no FL law that requires a non-buyer to sign this.

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Customer reply replied 1 month ago
I'm puzzled! So if I understand correctly, the only document he should sign is the waiver to any interest in the property, not this Compliance Agreement they sent. Can you tell me if there is any FL requirement where a spouse not living the property has to sign anything besides the waiver you mentioned?
Customer reply replied 1 month ago
Lori, are still connected?

No -there is nothing else to sign except a waiver. But -- like I said - this document is not as scary as you think it is. It really does not have any obligations or responsibilities for him

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Customer reply replied 1 month ago
Just wondering why the title company would require it. But we'll follow up with them on Monday. Thank you very much for your assistance.
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