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.

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

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Answered on 7/23/13, 6:45 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

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.

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

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