If Mom and Dad are the owners of the property as stated on the deed to the property and Mom did not sign the Note but did sign the Mortgage and related riders to the Mortgage, then Mom is not personally liable for paying the Note. However, Mom's interest in the property is subject to the Mortgage. If the property is worth less than what is owed on the Note (as secured by the Mortgage), then Mom can "walk away" from the property and Mom will not be liable to the lender under the Note. At some point if payments are not made to the lender in accordance with the Note, the lender will likely exercise its rights under the Mortgage and proceed with foreclosure of the property.
The foregoing is specific to the law and procedure in Florida. This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.
Answered on Oct 21st, 2011 at 1:04 PM