Legal Question in Real Estate Law in Florida

mortgages

is it legal for a title insurance company to issue a mortgage on property with a known lein on it


Asked on 10/20/06, 11:38 am

1 Answer from Attorneys
Robert Stanz Hardin & Stanz, P.A.

Re: mortgages

Was it a purchase money mortgage? The question is not whether a title company can issue a mortgage (title companies do not issue mortgages) but whether the prior lien has priority over the mortgage. Two more questions:

1) Was the mortgagee was aware of the lien?

2) What type of lien?

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Answered on 10/20/06, 12:28 pm


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