Deerfield Beach, FL asked in Civil Litigation and Real Estate Law for Florida

Q: Can you be sued for a verbal agreement for a mortgage on a house in Florida if I stopped making payments and no records

2 Lawyer Answers
Stephen K. Hachey
Stephen K. Hachey
Answered
  • Tampa, FL
  • Licensed in Florida

A: Sure, but it would be difficult to win/prove.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No. The Statute of Frauds (Florida Statute) 725.01provides as follows:

"No action shall be brought ... upon any contract for the sale of lands, tenements or hereditaments, or of any uncertain interest in or concerning them, or for any lease thereof for a period longer than 1 year, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or ... unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized."

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