Legal Question in Real Estate Law in Florida

Re: Ownership Rights

You can check who the mortgage lender is several ways. The formal method of checking is for you to go to the county records section in the county in which the property is located and ask a clerk to explain the procedure to you on how to search the public records. As the name implies. the records are public and open to everyone.

Secondly, if you have a friend or know a friendly realtor, ask him or her to check in the computerized real property records who the lender on the premises is. This can be done from the realtor's office with little effort.

Another method is to ask your attorney to do a title search which will result in an accurate search of all documents recorded against the property including mortgages. This is relatively easy and should not cost much but there will be a charge for the title search.

Last, depending on the county in which you live, you may be able to check the records online on the internet. Type in the name of the county, and then check the pages of either the property appraiser, tax collector, or the records section. Anyone of these should yield the information you are seeking.

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

Re: Ownership Rights

The lender who initially funded the mortage loan may no longer be holding the mortage. The mortgage loan may have been assigned to another lender, so even if you find the closing documents identifying the original lender, it may now be a different entity. You have several options available to learn who is currently the mortage holder/lender. (1) check the county records in the county where the property is located. The records are public information and you should have no problem getting access to them. (2) on-line data bases also provide public records information. Type the name of your county in any search engine and there should be websites for the tax collector, county property appraiser's office, and county records, and one or several of such sites may provide the information you are looking for. (3) any real estate broker or sales agent can perform a search using computer software designed for obtaining real estate information, including liens or mortgages on the property. (4) you can hire a real estate lawyer to perform a title search to find out the documents recorded relative to the property, including any mortgages and assignment of mortgages.

Your mother should not be able to convey your interest in the property without your knowledge and written consent. However, it is possible that your mother might be able to further encumber the property with additional mortgages or liens from sloppy creditors that may not care about securing your signature on second or third mortgages. Good luck.