Legal Question in Credit and Debt Law in Florida

Re: Repayment of Loan

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The proper instrument would be a second mortgage in order to place a lien against the property. The debtor would have to agree to the mortgage and sign in the presence of two witnesses and a notary public.

The mortgage should then be recorded in the public records of the county in which the property is located.

I would strongly suggest that you have an attorney prepare the mortgage so that you are sure that it is drafted properly. Any errors might void the mortgage. As a result, your lien would not be valid.

Scott R. Jay, Esq.