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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If a father and daughter own a home in Florida in joint trust

Customer Question

if a father and daughter own a home in Florida in joint trust and first mortgage is in fathers name. Daughter owes me 35k in promissory note and mortgage,they are selling home. Don't I get Paid for my promissory note and mortgage they were filed in highland county Florida clerk of records
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
As long as your note (lien) is properly recorded, it should be paid at the time of sale.You should have been contacted by the escrow company handling the sale to get a payoff demand so that they know exactly how much to calculate into the close of escrow to be earmarked for satisfaction of your note.If you have any questions regarding whether or not your note is properly recorded, or whether your note is being properly treated, I highly recommend retaining an attorney right away - it is going to be far less expensive for you to deal with the problem now (a month before closing) than trying to recover your money after the sale has occurred.