Legal Question in Credit and Debt Law in Florida

collection of a mortgage lein
I do not feel secure about a mortgage lein i have recorded against a property in florida.
My address and phone number is not on the document. Only my name.
I do not have my beneficiary on the document.
I do not feel comfortable that I or my estate will be informed at the time of collection.
The agreement says it will only be collected if the owner of the property dies or sells it.
The amount of the debt is $30,000.00.
What has to be done to correct the problem?

Asked on 9/28/05, 10:48 pm

3 Answers from Attorneys

Dale Lundquist (Solo)

0 users found helpful

0 attorneys agreed

Re: collection of a mortgage lein

If the Borrower is cooperative you could sign a Mortgage Modification Agreement that would reference your mortgage and simply state your mailing address. it's probably a good idea that you inform whoever you have named as the Executor in your Will about this debt and give him or her a copy of it for their records in case something should happen to you before the debt is paid.

Answered on 9/28/05, 11:32 pm

Mark as helpful

Robert Davies The Davies Law Firm, P.A.

0 users found helpful

0 attorneys agreed

Re: collection of a mortgage lein

You describe a home-made mortgage, something not done by any attorney. It is now a serious problem. Please understand that you are asking on a bulletin board which New Jersey attorneys see, and very few of us practice law on a regular basis in Florida.

That being said, I suggest that you retain a local attorney to at least look over your mess and try to guide you. It sounds like you may have a debt due to you from a relative; this is a common situation. You are correct, you may never get paid if the situation is as you describe. A smart lawyer may be able to help you get out of this mess without having to hire and pay a lawyer in Florida to do it for you.

Please, if there is a great deal of money to be which may be lost if not handled correctly, do not in the future try to draw up mortgages, contracts or agreements without legal advice.

Answered on 9/28/05, 11:33 pm

Mark as helpful