Legal Question in Real Estate Law in Florida

Re: Mortgage deed registered late

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Yes, you have some hope but no guarantee of recovery. Any mortgage or chattel mortgage should be immediately recorded in the public records of the county in which the property collateralizing the loan is located.

That said, I would suggest that you see an attorney to review the terms of the note and mortgage in order to determine what can be done to try and recover the monies owed. An attorney may be able to set aside the transfer to the brother as being without consideration or fraudulent. Further, the mortgage might be able to be enforced against the subject property anyway based on good lawyering and investigation. In the future, you should use an attorney to protect your interests when substantial sums of money are involved.

Scott R. Jay, Esq.

Re: Mortgage deed registered late

This is a situation in which it appears the person you loaned the money to use is trying to defraud you by claiming your financial obligation is not worth anything. The brother by offering you 10% probably cannot get title insurance and a loan until this matter is cleared up. This may give you some leverage with respect to getting your money back. You could even bring a lawsuit to set aside this transaction as it is a fraudulent transaction. I have dealt with these kind of cases and if you'd like to speak with me please send me an e-mail with your phone number and a good time

contact you.

there

Re: Mortgage deed registered late

You definitely need an attorney on this. Feel free to contact us, but these guys are all right about your situation.