Legal Question in Real Estate Law in Florida
My aunt needs to modify her mobil home mortgage. The bank will not comply. In lookng at her paperwork she realized that the bank never placed a lein on her property. She has the title to her mobil home free and clear. Can she use this as leverage to get them to work on a modification. What are her legal options?
2 Answers from Attorneys
Please retain a lawyer. The mortgage and note are recorded on a different book and page. Even if the mortgage and note are not recorded, it does not compromise the bank's ability to foreclose on the property. She may need to go into foreclosure and defend before the bank will seriously consider a loan mod. I insist that you get a lawyer to help you with this, as it is very complicated and I cannot envision that a non-lawyer could handle it. Please retain counsel.
It is difficult to get a loan modification from the banks. A lien does not have to be on the property for them to foreclose on it. You aunt's legal options will depend on her circumstances. It is in her best interests to consult with an attorney and have them pursue the modification on her behalf. Please feel free to have her call me for a free consultation. Regards,
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