Legal Question in Credit and Debt Law in Florida

Security Agreement - Mortgage on home of Debtor

If a Promissory Note is secured by the home of the Debtor, what must be filed in order to insure that the Debtor does not sell, Quit Claim Deed, or other wise transfer the house or mortgage to someone else? Can the Security Agreement be used to insure this does not happen?


Asked on 11/27/00, 3:43 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Security Agreement - Mortgage on home of Debtor

You must record the mortgage. Recording perfects the security interest. If the property is transferred after recording, then it is subject to the recorded security interest.

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Answered on 11/30/00, 5:11 pm


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