GregHarris gregharris@watsontitle.

net

(904)4613220 http://www.watsontitle.net

WatsonTitleServicesofNFL,Inc.|11226SanJoseBlvd.,Suite2|Jacksonville,FL32223

Marriage, Mortgages, Titles, & Signatures:

At least once a week we hear from buyers, Why does my spouse have to sign the mortgage if he/she isnt even on Title? On homestead property, even if they are not going to be on Title, a spouse must join in the mortgage. This isnt a policy or a statute requirement it is Constitutional. In Florida, the Constitution prohibits and indivual from encumbering homestead property without the joinder of their spouse, even if the spouse is not on Title. Just by being a spouse, that individual has homestead rights. Even if at some time in the past the spouse gave a deed conveying their interest in the property or no longer lives in the property, the Constitutional homestead right remains as long as the deed holder or any minor children of the marriage live there. The correct verbiage to identify mortgagors of homestead property where only one spouse is on the title is, Fred Mertz, a married man, joined by his spouse, Ethel Mertz. The words joined by are the critical part, as they indicate that the spouse is consenting to the encumbrance, and is not a fee owner. It is not an unusual occurrence for a spouse who is not on Title to push back on this requirement if it is not properly explained ahead of time. This is usually when the couple is going through a divorce, and the nonTitled spouse fears that they will become obligated under the underlying promissory note. Though the lenders prior consent is required before it is added to the mortgage, this issue can be resolved by adding the following to the mortgage; the execution of this Mortgage by a nonTitled spouse is solely for the purposed of consenting to the encumbrance of homestead property and the nonTitled spouse is not assuming any personal liability for the debt secured thereby.