Legal Question in Real Estate Law in Florida
Mortgage not recorded
Two questions: 1. On my deed there's no record of Mortgage or Lienholder, can they foreclose? 2. They refused last months payment after accepting the last 6, it used to be that if someone refused payment no matter how much, the debt was cancelled, is this still in effect?
Asked on 8/20/04, 9:06 pm
1 Answer from Attorneys
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
Re: Mortgage not recorded
The mortgage is a separate document. It is not reflected on your deed. If the mortgage is not recorded it does not effect your relationship with the creditor.
It is unusual for the holder to foreclose when you are one month in arrears.However, if you have repeatedly been substantially late then it is another story. You should seek counsel. The creditor is not obliged to accept late payments.
Answered on 8/28/04, 2:59 pm
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