Legal Question in Real Estate Law in Florida

Re: 2nd mortgage on home

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A second mortgage cannot be discharged in bankruptcy unless you surender the property to the trustee. The court will not be a party to a scam on a legitimate lender such as you are suggesting.

I am shocked to learn that you have a 2nd mortgage on a property which was only signed by one of three parties on the deed. If all parties were on the deed at the time of the execution of the mortgage, then the lender may be stuck in trying to do more than put a lien on your share of the home. If, on the other hand, the other names were added after the mortgage was recorded, then the lender will probably be able to recover the security in foreclosure as the parties take the property as they found it when they were added.

Scott R. Jay, Esq.