- Jurisdiction
- Florida
I bought a house in Kissimmee, Florida with me as the only borrower. I requested that my fiancée be included on the deed. We closed and signed all the papers. The deed was singed to me and my fiancée. The note only included me, as we had agreed. Two weeks after the closing the title company contacted me to inform me that the lender required that my fiancée either signed new mortgage documents which included her in the "Borrowers" line or remove her name from the deed of trust that the seller had signed in both our names. They stated that Florida law requires the mortgage and the deed of trust have the same names. I objected that she is not a borrower and that I would let her sign the new documents only if the mortgage documents clearly stated that she was not a borrower. They do not want to change the documents. Can the title company legally remove my fiancée from the deed and record it only in my name without my consent? Is the lender able to force us to make the changes after they already fully approved the loan and authorized the closing? If they title company records the deed in only my name despite having a signed deed of trust from the seller in both me and my fiancées name, would they be liable in a court of law and required to remedy the situation? Thanks.
