Legal Question in Real Estate Law in Florida

can the mortgage company put a lien on other property i own if i default on the mortgage i have with them?


Asked on 1/21/10, 5:01 am

3 Answers from Attorneys

Leon Ferraez Ferraez, LLC

This is a rather broad question. If you default on the mortgage, and the mortgage company forecloses on the property, they get title to the property and are "made whole". However, in today's market, it is possible that there would be a substantial shortfall and the mortgage company might try and negotiate a personal note with the defaulting party. This then could lead to a judgment lien. Also, a mortgage company may try to 'go after other property' during the foreclosure case. There are limitations, though. Without more specific details, it is not possible to be direct with an answer.

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Answered on 1/26/10, 6:43 am
Brent Rose The Orsini & Rose Law Firm

The answer to the question is a bit more complex than it may seem, because some appellate courts in Florida have said that a mortgage company can't attach other property when the house they took for mortgage foreclosure was upside down. But the short answer to your question is, yes.

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Answered on 1/26/10, 9:12 am
Lesly Longa Longa Law P.A.

In short, yes, but I think you should consult with an attorney directly. Regards,

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Answered on 1/26/10, 2:43 pm


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