Florida | Real Estate Law
Legal Question
Unrecorded Indenture in Joint Dismissal
Several years ago I agreed to jointly dismiss w/prejudice a lawsuit I filed against condo developer and Association. My wife and I signed a separate Indenture to never sue or interfere with development again but indenture does not appear recorded in Official Clerk Records w/dismissal order. We signed multiple copies prior to defendants and now same developer threatening to sue us again, citing Indenture agreement for asking questions as unit owners with regard to maintenance, budget items, etc. Their copy appears to have modified language with liability and indemnity over and above what we orig. signed, but no way of proving it was added after we signed as Plaintiffs. I sued pro se, no attorney-could not afford. Is this separate Indenture agreement which appears unrecorded in Clerks Official records enforceable if Developer sues me for breach? I tried to limit indenture to any further similar civil actions, but language added says anything in future. I now know Condo ownership is like boat ownership. Best 2 days! Thank you.
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Read More Answered By: Peter Gonzalez |
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