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FL question
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FL question
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Posted by MelissaCT on 10/16/06 9:51pm
Msg #152901

FL question

had this question arise recently -- does NOBS signing deed amendment initial deed? They are not signing the deed itself, but rather an amendment to the deed. I couldn't even guess the answer on this one...

Reply by MelissaCT on 10/16/06 9:52pm
Msg #152902

this question was posed to me by someone else -- not by direct experience.

Reply by PAW on 10/16/06 10:08pm
Msg #152911

In Florida, it makes no difference who is obligated or not obligated on any note. The question is homeownership. or in the legal realm, an interest in real property. Anyone who has an interest in the property in question, must be a signatory to any documents that effect or influence the ownership or interest is said property.

Now, the question is are you referring to a true "deed" of conveyance? Florida does not use deeds of trust, but is a mortgage state. This means that property ownership remains with the owners when a lien is placed against the property. In states that use a Deed of Trust, property ownership is granted to a trustee to hold the property in trust until the lien is satisfied.

To be honest, I have not heard or seen an amendment to a deed in Florida, so I'm not sure to what you are referring. But if there is any document which effects the real property, then all owners, whether or not they are obligated to the lien, should sign those documents. That's why most lender docs are not signed by the NOBS, except the RESPA docs and the mortgage, and all title docs, especially if prepared by a Florida title company, will have all property owner signatures required, since title docs are concerned with the property itself and not the loan.

Reply by MelissaCT on 10/16/06 11:03pm
Msg #152924

Re: thanks & my error

CT has mortgage deeds, FL has mortgages. Anyway, I'll refer the person who asked me about this to your post in answer. I've done a very few FL property signings in CT, but never with what was described. I really appreciate the state-specific answers, as recording laws vary state-to-state. CT is not a community property, homestead or dower state.


 
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