Legal Question in Real Estate Law in Florida

I own a home that has a 1st & 2nd Mortgage. I stopped paying the 2nd mortgage and the lender did not foreclose due the value of the home being less than my 1st mortgage. Instead they sued me for a civil judgement. Is there any way to have the 2nd mortgage lien removed from the title of my home being that they have received a civil judgement against me? I would like to try and sell my home even though it is not worth what is owed on the 1st mortgage. I can not do this with the 2nd mortgage lien unsatisfied.


Asked on 1/20/10, 7:43 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. They are entitled to the mortgage until they are paid. That is what a mortgage is.

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Answered on 1/26/10, 7:18 pm
Lesly Longa Longa Law P.A.

The only way is to pay it or come up with some payment plan in exchange for a release of the lien. Regards,

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Answered on 2/04/10, 11:56 am


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