Legal Question in Real Estate Law in Florida

Re: Loan Lien

Have her sign a promissory note and mortgage agreement giving you the right to file a lien. Make sure that you use the legal description as well as citing the book and page where deed is recorded. Check to see if there are existing mortgages so you know your priority.

Re: Loan Lien

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If she is willing, certainly go ahead and do so. It can be a second (or third) mortgage against the house. You should have an attorney draft a promissory note and mortgage for you and record it to ensure that it is done properly and is effective as a lien. It will also protect you in case of the filing of a bankruptcy.

Scott R. Jay, Esq.