Does a mortage company have to honor an intraspousal transfer and/or can they be court ordered to do so?

UPDATED: Jul 28, 2011

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Does a mortage company have to honor an intraspousal transfer and/or can they be court ordered to do so?

Asked on July 28, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states, the mortgage company does not have to honor the terms of an intraspousal transfer of real property with respect to the effect on who is obligated under the terms of its written loan secured by a mortgage on real property.

The loan is a contract. If both spouses sign the loan and the mortgage, both are responsible to the lender under the loan.

As to recognizing ownership of the property after the recording of an intraspousal deed, the lender is obligated to recognize the current sate of legal title to the real property secured by its mortgage.

The lender cannot be ordered by the court to change the names of the people obligated under a loan just because the terms of marital settlement agreement between the divorcing parties change between themselves who is primarily obligated under the loan.


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