Legal Question in Real Estate Law in Florida

Real Estate

Hello.

I have a mortgage since august 2001 with a local Florida bank. I asked $139.000 to be fully paind by august 2016 at a rate of 7% for the first 5 years and then variable each year. I have all the papers signed on those terms and i have been paying correctly and always on time till the present, but now my bank is telling me that they made a mistake back on august 2001 and that they calculated my monthly payments as a mortgage for 30 years term, when the real thing was 15 years instead of 30 years.

My question is: what can they do to me? because i don't want to increase my monthly payments and don't think is fair to pay for a term that was not my choice and it's not on the mortgage contract that i signed.

Can they force me to pay something different of what i am paying now?

Can they change these conditions on my mortgage? Can thry sue me? Can i sue them? What are my rights here?

I haven't made a mistake. It's theirs and i can not pay for their mistakes.


Asked on 7/26/08, 12:26 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Real Estate

It is their unilateral mistake. I do not see how they can change the agreement.

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Answered on 7/26/08, 3:27 pm


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