Legal Question in Real Estate Law in Florida
signature loan on property
In 2003 my father in law borrowed 35,000.00 from a relative and had it notorized but not recorded. He used 38 acres as collateral. We knew nothing about this. This year we had all of his property put in our names and did a title search and it came back clean. Now 4 years later she came forth and put a lien on the property which is not in my father in laws name anymore and she just recorded the loan at the courthouse. Can she legally make us pay her back? If it went to court what could some of the outcomes be?
2 Answers from Attorneys
Re: signature loan on property
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.
Since your father-in-law no longer owns the property, the lien will probably not be upheld but it may still color the title. You will probably need to file a suit to quiet title in order to clear this off the property's title.
Scott R. Jay, Esq.
Re: signature loan on property
You need to have the lien vacated.
Retain counsel. Good luck.