Legal Question in Real Estate Law in Florida

If my mortgage holder sells the mortgage to a different company can the new company impose new insurance requirements that place a financial burden on me that was not part of the original mortgage contract?


Asked on 1/06/11, 1:06 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

Your original mortgage requires YOU to provide insurance and to provide a COPY of that insurance policy to the lender. Your mortgage terms may require that you pay the cost of the insurance into escrow, and the lender will pay the insurance premiums as they become due. BUT you still get to choose the insurance company and the amount of coverage, providing that the amount of coverage is at least the amount of the mortgage loan balance, AND that the lender is named in the "loss payable" clause, AND that you have flood insurance if it's required.

If your lender sold your loan, the terms of the loan do not change, but the new lender may force you to comply with the original terms even if your original lender didn't. READ your mortgage. If you don't understand your mortgage, take it to an attorney to have it read and explained to you.

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Answered on 1/11/11, 5:19 am


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