Legal Question in Real Estate Law in Florida

Home Equity

In 1995, I received a home equity loan. Due to illness and job loss, I defaulted on the loan, last payment was 12/1998. Since that time, I received no collection notice and as of 6/2004, the credit bureau report shows it as a write off by the bank as an uncollected bad debt. The loan title is recorded in the clerk of courts office. There is no judgement against me. The statute of limitations to enforce collection in Florida is 5 years. Given that the debt collection cannot legally be enforced, is it possible to remove this record in the clerk's office, so my 1st mortgage title is not clouded?


Asked on 6/25/04, 9:20 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Home Equity

Yes, speak with your county clerk. A court order may be necessary.

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Answered on 6/25/04, 10:37 am


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