Legal Question in Real Estate Law in Florida

my husband recently sold a property we owned without my knowledge and refuses to repay a $10,000 debt to our son who's money he borrowed to pay the property taxes. had the taxes not been paid up to date the property was going to a tax sale. I did drawn up a note which he signed agreeing to repay the money but he refuses. my husband did owner financing and took a large deposit and has a mortgage payable to him personally. can i place a lien on the mortgage note (which my husband plans to sell) to ensure my son gets his money repaid and can I as a back up put a lien on our own home which is for sale as well so that whichever sells first my son will be repaid. what do i need to do? any help is appreciated


Asked on 10/07/14, 8:59 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your husband could not say a property "we" owned without your signature. If he owned it alone he could possibly have sold it. Unless there was a mortgage lien on the property for the borrowed funds prior to sale, there is no way to encumber the property now post sale with the lien. Your son would need to sue and get a judgment to garnish funds received from the financing. You cannot just place a lien on the mortgage note. You cannot place a lien on a house you own with someone else without the other person also executing the documents. Seek some legal help with all your paperwork.

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Answered on 10/07/14, 1:21 pm


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