Legal Question in Real Estate Law in Florida

I first secured a mortgage as well as a HELOC to purchase my home 3 years ago from Countrywide. Since then, Bank of America has bought both of those loans. Now that I have foreclosed on the mortgage, B of A is contacting me about the balance of the HELOC. My question has to do with a portion of my agreement and disclosure paperwork. I realize that a HELOC is recourse debt, therefore, giving B of A the right to pursue me. But, in the paperwork there is a section called Real Property Security where is states that "I amd all co-owners are giving you a Mortgage (the "Mortgage") covering my dwelling located at (my address) the real property. The Mortgage is security for my current and future obligations under this agreement".

Since I have, in essence, given my house as collateral does that mean that this loan is considered a secured loan and therefore a non-recourse loan?


Asked on 11/30/09, 9:59 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No.

Read more
Answered on 12/05/09, 11:30 pm


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