Legal Question in Real Estate Law in Florida

I made an agreement with a party to secure mortgage on property because the other party wasnt able to secure mortgage on her own. Since she defaulted on the agreement and dont want to pay mortgage or quit claim her interest over to me could I in turn place a caveat on her half?

The property is facing foreclosure if the remodification do not go through...


Asked on 11/17/09, 2:42 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

A cavaet has to do with a creditor's notice of a probate estate. You can certainly file in the County where they reside or the property is located.

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Answered on 11/22/09, 8:01 am
Steven Meyer CPLS, P.A.

Even if the mortgage is modified, based on what you've written, it seems unlikely that the other person will pay the mortgage. That means that you would be responsible for the mortgage. If the mortgage is not paid, then it is likely that the property will go into foreclosure. Our home is assisting homeowners with foreclosure defense case and mortgage modifications. You may also want to consider filing bankruptcy, which may wipe out the mortgage entirely. We offer a free initial consultation, and would be happy to discuss the matter with you.

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Answered on 11/22/09, 10:11 am


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