You need to contact a real estate atty in your state to discuss the implications of owner financing as each state has its own laws regarding that.
You would need to contact a Florida Real Estate Attorney in my opinion.
I'm not an attorney, so don't confuse my comments as legal advice, but If you're talking about obtaining a 2nd mortgage using owner financing, against a home you own jointly, then the answer is no.. The first mortgage lender will know a 2nd exists, and they wouldn't care at all.. However you will not be able to encumber the property with an additional 2nd lien without all owners of title agreeing to it.. So your spouse will have to sign to make it binding.. This whole question sounds fishy.. What are you up to?? Contact an attorney for a more accurate of the law in your state.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com
Basically if the home is your primary home, when approaching a lender to add another loan to the property, the lender is going to request that both spouses sign for any new loan. If it is an investment property, then the buyer/borrower will not need the consent of the spouse nor will the lender request it. Lastly, I always suggest renegotiating owner financed loans. Many times, the owner financed loan is very negotiable and if you approach the owner with an all cash offer payoff ( i.e. refinace based on current market value of property), you can many times get a discounted payoff.I hope this information has helped you and good luck.
Definitely contact an attorney or title company in the state where the property is located (FL?), don't go looking for legal advice online. Forums such as this can be helpful in giving you possible options and ideas to pursue with good real estate attorney (which title companies generally have on staff).
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