Belleview, FL asked in Foreclosure and Real Estate Law for Florida

Q: Can i be forced into foreclosure if no note or non payment has been filled thru the court?

I inherited the property in 2004 in 2015 I borrowed $5,000 against the property through a private party mortgage he wrote it up and on a mortgage that he got online he filed a mortgage through Osceola County court system was but never filed a note the mortgage states that I have until 2045 to pay it back and now he's trying to force me into foreclosure over $300 can he do that

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1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Foreclosure Defense Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: The mortgage is recorded as its the lien on the property; the note does not need to be recorded. If you are behind on payments the agreement says what happens; but there is no minimum amount needed to foreclose and it will cost you many many times $300 just to hire a lawyer to defend it so better to pay the money ASAP.

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