Articles Posted in mortgage

Does A Florida Mortgage Become Unenforceable 2 Years After Death?
James W. Martin

The mortgage follows the note. So, if the note becomes unenforceable, does the mortgage become unenforceable? The Florida Probate Code provides a 2-year statute of limitations on creditor claims, in addition to the 3-month statute of limitations on claims by reasonably ascertainable creditors. If a lender fails to file a claim within 2 years after…

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My Mortgage Lender Never Served The Lawsuit On Me, Now What?
James W. Martin

So, the latest news on the Florida mortgage foreclosure debacle is property owners claiming they never got served with court process for the mortgage foreclosure on their Florida real estate. Can they undo the foreclosure? What if the lender says it tried to serve them but could not find them? Who’s right? It’s not a…

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