Legal Question in Real Estate Law in Florida

Hi, I was looking at my mortgage and noticed this below. Does it mean my Mortgagee can entery the property at any time? I have it rented out and I cannot even enter at any time without giving the tenants notice. I did a google search specifically on this and it seemed like regular wording in a contract written in a law book I found on the google books.

AND Mortgagor covenants with the Mortgagee, that the Mortgagor has full power and lawful right to mortgage said Real Property as aforsaid; that it shall be lawful for the Mortgagee at all times peaceably and quietly to enter upon, hold, occupy and enjoy said land; that all said property is free from all encumbrances except as may be herin described; that Mortgagor will make such further assurances to perfect the fee simple title to said Real Property in Mortgagee as may reasonably be required; and that Mortgagor hereby fully warrants the title to said Real Property and will defend the same against the lawful claims of all persons whomsoever.


Asked on 4/02/13, 4:59 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Until the mortgage is paid, the lender can do those things. However, you have to remember that they may only do so "peaceably and quietly." That doesn't mean that they can sneak in whenever they want. What constitutes a violation of �peaceable and quiet� possession is fact-specific and generally limits the lender's access to that which does not interfere with the homeowner's quiet enjoyment. So generally, they would have to give you reasonable notice of their intent.

Read more
Answered on 4/03/13, 11:33 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida