Legal Question in Real Estate Law in Florida
flood policy
a company bought my mortgage of my business from the orginial owner for who i was owner financing. i needed no flood insurance for them and they didn't request it. they owned it for twenty years and said they never had a problem. nothing in the contract either. now new mortagage company says i got to get flood insurance . i said no because there is nothing in the contract..please alittle help.
1 Answer from Attorneys
Re: flood policy
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.
The new lender owns your mortgage and has the right to make reasonable requirements. If you are in a flood zone, flood insurance is extremely common and would be considered reasonable. Unfortunately, you are not in the driver's seat. If you refuse to comply, it will be a breach under your mortgage and the lender could foreclose on it. It would probably be far less expensive to comply then to face costly legal action.
Scott R. Jay, Esq.