Legal Question in Real Estate Law in Florida

Obtaining a mortgage deed

Years ago, we purchased a time share. We did not recieve a mortgage deed for the property. We have been trying to get rid of it for 4 years. How can we get a deed. The courthouse in Florida only suplied a waranty deed? There must be some way to get a copy or to transfer the property without the deed. We thought we had exchanged it for another time share 4 years ago, but we keep getting bills from the original company.


Asked on 9/22/03, 7:10 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Obtaining a mortgage deed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

You can usually obtain a copy of a deed or a mortgage from the clerk of the court in the county in which the property is located. All deeds and mortgages are recorded at closing and become part of the "Official Records".

In some counties, the recent records are available online. I suggest that you first search the internet and if you cannot find what you want, then write to the Clerk of the Court. The Clerk will charge a small fee to retrieve the instrument and a copying charge of $1.00 per page and an additional $1.00 to certify the entire instrument.

Scott R. Jay, Esq., 305-249-8000

Read more
Answered on 9/22/03, 9:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida