Legal Question in Real Estate Law in Florida

Can anyone pay off another person's mortgage and then foreclose on them without

Can someone who ownes a second mortgage on your property go into a mortgage company and pay your mortgage off? Never notifying you that he intended to do this, never contacting you and letting you know where the payments should go, how much the payments were. He then contacts you by a lien pending notice seven months later wanting to foreclose on you for first mortgage and second mortgage ( which the second motgage was paid in full)... Please help!

We are totally blown away by this and don't know which way to turn. Thanks


Asked on 3/17/04, 4:00 pm

3 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Can anyone pay off another person's mortgage and then foreclose on them with

If you made your mortgage payments then you should not be facing a foreclosure action, but unfortunately there are unscrupulous characters that try to pull a fast one on unsuspecting individuals and it appears that this may be one of those instances, so you may be forced to retain an attorney to protect your interests in what may be your most valuable asset. If you are interested in speaking with me in detail about this matter, please call my office. 305-424-0236

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Answered on 3/17/04, 5:28 pm
David Slater David P. Slater, Esq.

Re: Can anyone pay off another person's mortgage and then foreclose on them with

Mortgages are sold everyday. Without more information I cannot tell if you have any defenses to foreclosure.

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Answered on 3/17/04, 5:33 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Can anyone pay off another person's mortgage and then foreclose on them with

If the mortgage was sold, yes. If your guardian angel paid off the mortgage, the no. I urge you to consult with counsel as soon as possible.

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Answered on 3/18/04, 1:58 am


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