Legal Question in Real Estate Law in Florida

Owner Didnt Pay Mortgage

We have paid rent to owner every month without fail, however, owner told us that mortgage was 3 months behind and in danger of foreclose, and if we wanted property we could pay the arrearage and take out a Assumption Mortage. He also told us that he has not cashed our last monthly payment yet. We sent him a quik claim form for us to take the house and notify the Mortgage Co. However, he thinks that is a risk on his part. Do we have any other legal recourse in order to stop forclosure or recoup any monies.


Asked on 11/12/02, 3:02 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Owner Didnt Pay Mortgage

I strongly urge you to personally consult with a real estate lawyer immediately. I do not recommend relying on general advice via cybersapce on this particular matter. Based on the information provided, you have several options but you should not make a decision without first being properly informed by a lawyer who has the benefit of meeting with you and reviewing any documents relating to this matter. Those documents include the lease, any foreclosure action filed by the mortgagee (lender), and performing a title search/lien search to confirm the status of the property before taking any action. Good luck.

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Answered on 11/12/02, 3:21 pm


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