Legal Question in Real Estate Law in Florida

Real Estate Foreclosure

Does a Senior mortgagee have a duty to a Junior lienholder to foreclose promptly where the Junior lienholder sustains economic damage by excessive and unreasonable delay?


Asked on 9/10/08, 5:43 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Real Estate Foreclosure

Maybe, but not likely. Vague I know, but there could be contractual provisions requiring this, but they are not typical. Additionally, with the backlog of foreclosures in the state the courts are not likely to enjoy hearing a case being brought because of the backlog.

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Answered on 9/11/08, 9:31 pm


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