James W Mortgages Law Blog

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 the death of a borrower, does the mortgage become unenforceable?... Read More

What if a Florida resident dies with a mortgage on his house and the lender fails to file a claim in the probate proceeding? Well, it's possible that the mortgage becomes void.... Read More

Welcome to America in the 21st century where in Florida we are considering adopting a "Foreclosure Bill of Rights". The 2010 Florida Legislature has pending before it a bill that would provide additional rights when a homestead is foreclosed.... Read More

The 2010 Florida Legislature is considering a bill that would prohibit deficiency judgments in foreclosures of homestead property.... Read More