Legal Question in Real Estate Law in Florida

Cana lender foreclose on property owned by someone other than the person who executed both the mortgage and the mortgage note?


Asked on 10/15/09, 2:20 pm

1 Answer from Attorneys
Cristofer Bennardo Padula Bennardo Levine, LLP

As long as the property was owned by the person who executed the mortgage at the time he or she executed it, yes. Subsequent transfers of title do not affect the lender's mortgage. Those new owners take the property subject to the mortgage.

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Answered on 10/15/09, 2:37 pm


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