Legal Question in Real Estate Law in Florida
Unrecorded Indenture in Joint Dismissal
Several years ago I agreed to jointly dismiss w/prejudice a lawsuit I filed against condo developer and Association. My wife and I signed a separate Indenture to never sue or interfere with development again but indenture does not appear recorded in Official Clerk Records w/dismissal order. We signed multiple copies prior to defendants and now same developer threatening to sue us again, citing Indenture agreement for asking questions as unit owners with regard to maintenance, budget items, etc. Their copy appears to have modified language with liability and indemnity over and above what we orig. signed, but no way of proving it was added after we signed as Plaintiffs. I sued pro se, no attorney-could not afford. Is this separate Indenture agreement which appears unrecorded in Clerks Official records enforceable if Developer sues me for breach? I tried to limit indenture to any further similar civil actions, but language added says anything in future. I now know Condo ownership is like boat ownership. Best 2 days! Thank you.
1 Answer from Attorneys
Re: Unrecorded Indenture in Joint Dismissal
If your copy of the agreement is different than the copy being used by the developer, then you will be able to show that the condo developer's version was modified. In the future, when signing agreements with multiple pages, sign or initial each and every page on the bottom right or left corner to make it harder for the opposing party to later switch pages of the executed agreement. The agreement you and your wife signed does not need to be recorded anywhere to be enforceable. Next time you are in litigation and settling a case, get yourself an attorney so that you can avoid the very situation in which you now find yourself. This would not be happening had a competent lawyer assisted you with the settlement agreement. Good luck.
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