Legal Question in Real Estate Law in Florida

Protecting a 2nd Mortgage

If the property sells at public auction for more than what is owed to the 1st Mortgagee, is the 2nd Mortgagee automatically protected, or must the 2nd Mortgagee file something further with the court to recoup any part of his loan?


Asked on 5/26/07, 12:36 pm

2 Answers from Attorneys
Matthew Weidner Matthew D. Weidner, P.A.

Re: Protecting a 2nd Mortgage

Second mortgage holder must file a Motion and do other things to claim any surplus funds. You may contact me directly at [email protected] for assistance.

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Answered on 5/26/07, 3:26 pm
David Slater David P. Slater, Esq.

Re: Protecting a 2nd Mortgage

While he may be etitled to the excess funds, he will have to claim them.

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Answered on 5/28/07, 8:32 am


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