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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53664
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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my mortgage is not recorded in courthouse. am i still liab

Resolved Question:

my mortgage is not recorded in courthouse. am i still liable
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Richard replied 4 years ago.

Good morning. If they have the mortgage document, even though not recorded, you are still liable on the note. Not being recorded puts the lender at risk in terms of the priority of their lien because anything recorded before they record the mortgage has priority. If the lender, however, cannot produce the original documents, then they cannot enforce payment against you.



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