Legal Question in Real Estate Law in Florida

Error in Original Mortgage Documents

My mortgage company has notified me that there was an error in the original mortgage documents. They have sent me an amendment that they want me to sign and have said that if I don't sign they may not be able to record the mortgage. My question is this: I no longer want the house because the value is far less than the mortgage so is there a way to use this to my advantage and get out of the whole situation i.e. walk away without any recourse?

I am in CA and the house is in FL.


Asked on 6/17/08, 2:20 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Error in Original Mortgage Documents

You need to consult a Florida lawyer. I can refer you to a good one very experienced in area of law if you want.

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Answered on 6/18/08, 2:44 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Error in Original Mortgage Documents

Do you really care if they record the mtg? Recording the mtg is for the mtgors protection. You may have a contractual requirement to sign corrective documents. The answer to your question is maybe.

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Answered on 6/17/08, 4:43 pm


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