Legal Question in Real Estate Law in Florida

I took out a second mortgage on my property in 2006. The lien was recorded wrong in the public records with someone else's first page of the mortgage and my documents after it. I have since refinanced this loan, but the lien was never release/removed. I am now trying to refinance my first mortgage for a lower interest rate and can't get anyone to release/remove this lien.

Asked on 7/23/13, 6:40 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.
0 users found helpful
0 attorneys agreed

The original lender should have filed a satisfaction. Contact them. If they will not cooperate a court proceeding may be required.

Read more
Answered on 7/23/13, 6:45 am
Barry Stein De Cardenas, Freixas, Stein & Zachary
0 users found helpful
0 attorneys agreed

The lender who filed the wrong page should be the one to straighten out their filing. When you refinanced who handle that closing? The new lender should have wanted the mortgage resolved also. Does a new title search show a cloud because of this? Not sure why, but you need some legal advice with all the paperwork.

Read more
Answered on 7/23/13, 7:03 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida

Looking for something else?

Get Free Legal Advice

88403 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Charles AspinwallCharles S. Aspinwall, J.D., LLCLos Lunas, NM
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now