Legal Question in Real Estate Law in Florida

Re: holding mortgage

Florida has a 100% "homestead exemption". That means that if your daughter is residing in the house as her primary homestead residence, the house is exempt from creditors. But the lien a creditor puts on may get recorded and encumber the property thus effecting her if she sells later at which point, of course it is no longer her "homestead".

Re: holding mortgage

Not if it will be her sole homestead.

Re: holding mortgage

The only lienholder than can foreclose on the home, if the home is or becomes her homestead, is the lender holding a mortgage against the property, and only if she fails to pay the mortgage note. If a judgment against her is recorded, it may cause her problems in the future when she decides to sell the home or refinance, but it should not result in any foreclosure whereby she would lose the property at a foreclosure sale. If you wish to discuss this in more detail, please call my office.

Re: holding mortgage

If your daughter has title prior to any judgments being perfected, and the property otherwise qualifies as her homestead then any subsequent perfected judgment will not be a lien. If your mortgage is properly recorded it will be senior to any judgment entered thereafter.

Re: holding mortgage

If the house is her primary residence she should be protected under the Florida Homestead law, which prevents all but a mortgage holder from foreclosing on a lien. Your mortgage should be the only enforceable lien. Once your lien is removed, when the mortgage is paid off, she could have problems only when she goes to sell or refinance a mortgage.