Originally Posted by Katiegirlisme
Because the wife purchased the property before she was divorced, the lender would have required that the husband quit claim his interest in the property to the wife-this is true in California and likely in all other community property states. (I don't know if Florida is a community property state).
I've never heard of a lender/bank requiring the spouse (in the middle of a divorce) to sign on a note/loan nor have I ever heard of a State forcing anyone to sign on a loan/note. The only thing that makes sense is that the husband was nice and decided to help her get this loan by co-signing the note/loan.
If this is the case, then he is liable, regardless if he signed a quit claim. If the husband's name is on the loan, then he shouldn't have quit claimed the property over to the soon-to-be ex-wife. And if his name is on this loan there is no merit to file a motion to dismiss.
This is just my opinion as I do not live in Florida. It doesn't make sense, though.
:)