Legal Question in Real Estate Law in Florida

I have a note which was secured by property. The property was over leveraged and foreclosed by someone else and no funds were available for me. Can I sue for note


Asked on 9/20/12, 2:00 pm

2 Answers from Attorneys

Stephen Orchard Law Offices of Stephen Orchard

Yes, you can sue just based upon the promissory note. The note and mortgage are two separate documents with separate rights. Simply because you can no longer enforce the mortgage you are not prevented from pursuing your rights under the note. Best of luck.

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Answered on 9/20/12, 2:13 pm
David Slater David P. Slater, Esq.

Yes. If you obtain a judgment,does he have other assets to collect?

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Answered on 9/22/12, 5:46 am


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