Legal Question in Real Estate Law in Florida

when using a quit claim deed in florida am I responsible for the monthly mortgage payment if it is fi anced?

Asked on 10/03/19, 8:28 am

2 Answers from Attorneys

robert roemer Robert Roemer & Associates,P.A.

The good news is not unless you signed the mortgage or contractually agreed to pay it. The possible bad news is that the mortgage can be foreclosed in the property can be retaken by whoever loan the money to buy it originally. I would still suggest you see a competent attorney to review the facts to make sure that there's not something else you should be aware of in this type of transaction.


Robert Roemer

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Answered on 10/03/19, 9:02 am
Jean Winters Winters & Winters, PA

The type of deed is not relevant to an existing mortgage. In Florida, a mortgage is a contract and a lien against the property. Unless you signed the mortgage contract, you are not personally obligated for the money that is not paid. However, the mortgage, like any other unsatisfied lien, can be foreclosed if you do not make the payments - and the lender can take the property.

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Answered on 10/03/19, 12:58 pm

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