Legal Question in Real Estate Law in Florida

In Florida, if a person on permanent disability got a loan from a mortgage company, can that said mortgage company foreclose because of unpaid property taxes, even if the Department of Revenue put a child support lien on the property before the loan was signed?


Asked on 11/04/10, 7:45 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Anyone who has an interest in the property can foreclose on that interest, regardless of how many other parties have an interest in the property. If you borrowed money, and then you didn't pay the property taxes, the bank doesn't care why, or who else has a lien on the property. Your mortgage required you to pay the property taxes. The bank only wants to protect its investment in the property, and that includes taking the property and going after you (or any assets that it may attach) for any deficiency.

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Answered on 11/11/10, 4:48 am


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