Legal Question in Real Estate Law in Florida

recording of numerous subsequent mortgage renewals

I own a second mortgage in my favor, on a condo. The mortgagor has become delinquent on the association dues. The matter has been referred to an attorney. My original mortgage for 1 year was recorded in 1991, however numerous renewals also for one year were not recorded. I have called the attorney, however they would not give me any details due to privacy issues. My concern is that my numerous renewals were not recorded. Could this present a problem in the pending foreclosure action.


Asked on 8/12/05, 10:57 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: recording of numerous subsequent mortgage renewals

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes! The general rule is to disregard any mortgage five (5) years after the due date as the Statute of Limitations on any action has expired. You may have a serious problem and should see an attorney immediately.

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

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Answered on 8/13/05, 4:28 pm


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