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Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16367
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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Can a mortgage past legal service without containing the

Customer Question

Can a mortgage past legal service without containing the two-subscribed witnesses
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Foreclosure
JA: Anything else you want the lawyer to know before I connect you?
Customer: Said action was done on my 96-year old father
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Legalease replied 9 months ago.

Hello there --


Florida law requires that a mortgage be notarized (your father's signature should have been witnessed by a notary), and it also requires that the amount of the promissory note be written into the mortgage OR the note must be attached to the mortgage. Finally, the mortgage must be recorded at the Registry of Deeds in the county where the property is located.


So, there is NO requirement that a signature be witnessed by either one or two persons (no witnesses are required in Florida). However, if your father was 96 years old when he signed the mortgage and you believe that he was not completely competent to do so, you can certainly file a counterclaim against the lender in the foreclosure action at the court. You would have to contact the court where the action is taking place to determine exactly what forms/paperwork needs to be filed with the court before the foreclosure hearing date in order to make such a challenge.


Please let me know if you have further questions. If not, can you please press a positive rating above so I will be given credit for my time. THANK YOU VERY MUCH



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