If a husband applies for a loan to construct their joint primary homesteaded residence, can we require the wife to sign the mortgage on the property – not the note – and by signing the mortgage, can we also not verify her credit to determine there are no outstanding judgment or tax liens against her that could cloud title as soon as ownership is put in her name? Can we require a credit check to ensure no judgments would attach to the property we are taking a first mortgage on because it won’t be homesteaded immediately once they take ownership. The new home has to be constructed, which means we also have to file a notice of commencement and notices to owner during the construction phase. I think we have to make sure we are properly notifying the ‘owners’, whether she has her name of the deed or not. AS I understand Florida, the spouse has a homesteaded right to the house as soon as the married spouse moves in with the other spouse.

Thanks.

These are complex issues and while someone might opine, you still would need to confirm with your legal counsel. You might be better off just going there first.