Profile picture for julizafra2006

being in the deed but not in the loan

My husband and I are buying a house in Orlando, Fl, we both signed the contract of the house, but when the mortgage agent checked the contract, he said that if I want to be in deed I will need to sign the  loan (so he would check my credit, income). I am a student and I will be graduating soon, so I will be able to find a job.I know I will be helping my husband to pay for this house in the next 30 years.

My question is:  Do I need to sign the loan in order to be in the Deed? WHat is the legal procedure in this case here in Florida?

 Please help me with this issue. 
  • May 28 2010 - Orlando
  • 0
    0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

Answers (3)

Your husband can sign the note without you and you can simply be on the deed along with your husband. You do not generally need to be on both as long as he is.

I happen to be on my parents' deed and not the note (mortgage), so it's very possible.

Maybe you need to speak with another Mortgage Consultant if this one requires it and you feel being on the note is not right for your circumstances.
  • May 28 2010
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Most often, the one on the loan is the one on the deed.  Some states also have 'marital rights' - which means that if you are married and NOT on the deed, you still have legal rights to a property.  Please speak with a real estate attorney, as this advice must not be construed as such.
In NC, you can skip the quit claim and simply have your husband deed the property to the both of you.  it is essentially the same thing, but a QC deed would not be necessary.  You can do a General Warranty deed since your husband is not 'quitting' any of his rights.  He is simply re-titling the property.  Any RE Attorney should be able to do this for you in a matter of minutes.

  • May 28 2010
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

 You could just be "joined" to the mortgage.  Talk to your loan officer about this, or ask to speak to his supervisor.

You need to talk to a real estate attorney, but after closing, your husband might also look into doing a "quit claim" to transfer the deed into both of your names.
  • May 28 2010
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.