Legal Question in Real Estate Law in Florida

I have been trying to buy a house. I put in a contract on Sept. 26, 2009. During my closing process a second mortgage was discovered. The Attorney for the bank filed the foreclosure on the second mortgage on 12/30/2009. My question is: Do I have to now wait for the foreclosure process to complete or by the lien holder filing this foreclosure, my closing can proceed?


Asked on 1/12/10, 7:53 am

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You don't have to wait for anything if you just want a quit claim deed. If you want a warranty deed (and clear title), you have to wait until the title is cleared before you can buy the property. Get your own attorney.

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Answered on 1/17/10, 11:08 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Well, you can close, but with the foreclosure is there enough there so the bank won't get the house. The mortgage lien is superior to your interest.

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Answered on 1/18/10, 2:15 pm


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