Posted by cyndi_ca on 3/8/06 8:16am
Msg #103159

PAW, I have question about FL

Did I purchase last night where BO's were getting divorced, but not yet final. She's buying property in FL w/o Mr. But Mr. had to sign MTG and TIL. Well he was so angry because he felt he should be also signing a QC. Is he supposed to since prop is in FL, but they live in CA, and CA is a community prop. state? Any insight is appreciated. How was dinner?

Reply by Becca_FL on 3/8/06 8:39am
Msg #103162

I'm not PAW, but

if the wife was purchasing in Florida there would be no Deed for him or her to sign. The Grantors (sellers) sign the deed. Now, if hubby thinks he should be in Title to the property that's something the two of them and their attys need to work out.

Florida is a homestead state. If the wife has purchased her primary residence in Florida, the husband needs to sign the Mtg. and the TIL.

Reply by cyndi_ca on 3/8/06 8:53am
Msg #103169

Re: I'm not PAW, but

Thanks Becca. The BO (Mr) felt he should sign a QC. I think he was concerned that since ca is a community state, he thus could become responsible if she were to default on the loan. And then he goes on to tell me how he is in RE and that HE SHOULD KNOW. I of course did not provide any thoughts UPL (no thanks).

Reply by Charles_Ca on 3/8/06 9:02am
Msg #103179

He may know RE in CA but just like notary law

each state is different. With some people a little knowledge is a dangerous thing. Sounds like you handled it well.

Reply by cyndi_ca on 3/8/06 9:19am
Msg #103194

Re: He may know RE in CA but just like notary law

Thanks Charles. The funny thing is I really didn't get the impression he knew that much.

Reply by PAW on 3/8/06 9:01am
Msg #103178

As Becca stated, there is a lot of problem with purchasing new homestead property before the divorce degree is final. Since FL homestead is a Constitutional right, it doesn't make any difference if the title to the property has both spouses listed. Both have a Constitutionally granted interest in the property. If the property is NOT a primary residence, then it cannot be homesteaded and would be considered either a second home (owner occupied, not rented) or investment property (not owner occupied and able to be rented). In those cases, most often a "joinder" is used to show ownership, but is not necessary, unless both parties were titled at the time sale by the grantor. Of course, the Warranty Deed (or equivalent) used to transfer ownership from the sellers to the buyers can be modified to reflect a single grantee (Ms. BO), then the mortgage would only reflect the one owner and Mr. BO would not have to sign.

It boils down to how the lender and title company put the purchase together.

Reply by cyndi_ca on 3/8/06 9:09am
Msg #103184

thanks so much for information. Mr. BO was not a very nice person and sometimes it is hard to just smile and take their (stuff). So, I politely told him to speak with the TO, get the info he needs, and then we proceeded. I feel like I have been baptized with this one. First real problem, grumpy BO.
Thank you again everyone.

Reply by FlaMac on 3/8/06 11:51am
Msg #103270

Thanks, Paw, excellent reference to keep in my briefcase..

When asked, I always feel like I forgot part of it. Do you know of any association or site that is "bringing together" all these new laws and how they apply to us? ie. Fraud Act, Identity theft Act, Patriot Act, Title 18 U.S. Code,...thanks in advance.