Legal Question in Real Estate Law in Florida
Lease to Purchase
I have a home in FL up for sale. I have a mortgage on the property. Can I lease to Purchase with out the threat of my mortgage loan being acclerated.
2 Answers from Attorneys
Re: Lease to Purchase
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Maybe. Most loans require that you have lived there for at least one year. If you have satisfied that requirement, you are probably safe if it is a lease with option to purchase but NOT if it is actually a sale with the mortgage being kept in your name. If the deed is being transferred, then the mortgage must be paid. Without the transfer of the deed, the new buyer cannot obtain a homestead exemption.
Scott R. Jay, Esq.