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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37026
Experience:  Texas Attorney for 30 years dealing in real estate
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Florida... my parents have a mortgage lien filed against

Customer Question

Florida... my parents have a mortgage lien filed against their property. They stopped paying back in the early 90's mortgage holder never foreclosed. Is there a statute of limitations for the mortgage to expire or does that holder (who never took any action) stay there indefinitely.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help tonight.

You may have a good argument to make.They might consider a suit to quiet title claiming the timer period has run here.I am giving you the latest Florid appellate law on the issue.Based on what you present this would be well beyond the statutory period.A suit to quiet title would be your nest remedy to have court award you clear title from the court.

Reference

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/e69a82b3f6c7fb4f85257d4200513595!OpenDocument&Highlight=0,*

Expert:  Ray replied 9 months ago.

A quiet title action is a lawsuit that is brought in circuit court to clear a party’s title to real property. The purpose of a quiet title action is to eliminate all claims to title, which might stand in the way of a title insurance company issuing a clear title insurance policy. Liens, claims by prior owners, and other matters affecting title are called “clouds” on title. The purpose of a quiet title action is to eliminate any of these “clouds” on title.This would include the lender and lien involved here since they have not foreclosed in this period of time here.

Thanks again.

Customer: replied 9 months ago.
Thank you for your quick response. I will use the information you have provided to help them.
Expert:  Ray replied 9 months ago.

You are so welcome , take care now.If you can positive rate it is always much appreciated.

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