Legal Question in Real Estate Law in Florida

I borrowed money from a private lender to purchase my first home. The lender required me to sign a Non-homestead Affidavit. I am just wondering how to cancel this affidavit after it is already filed with the court.


Asked on 4/03/10, 11:01 am

1 Answer from Attorneys

Royce Bishop Mr. M & Save My Home

Cancel? It really was not homestead and you signed anyway, or it was investment property and now it is homestead?

You should get in contact with the private lender first and explain to them why it should be changed now and file a homestead affidavit. Unless I'm missing something, it would be refiled at the county recorder, which is one of the responsibilites of the clerk's office. If you just say, "file with the clerk" it sort of sounds like a lawsuit, so I think you mean the county recorder. In a small town, they are all in the same building probably, but in a big city you may drive 1 hour, pay for parking, only to find out your at the wrong place.

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Answered on 4/09/10, 5:34 pm


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