Skip to main content

In Florida, is a lender required to record both the mortgage and the note? or just the mortgage?

Hollywood, FL |

In Florida, a private lender is to record both mortgage and note in order to secure the loan/investment? or does the law and/or common practice just requires to record the mortgage but not necessarily the note? Thank you.

+ Read More

Attorney answers 4

Posted

Notes almost never get recorded. Only the mortgage gets recorded.

Posted

Many people and companies want to keep the details of the note private. The lender is required to have the note in their possession, and foreclosures can be fought over that requirement, but usually the mortgage is the only thing recorded.

The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.

Posted

Typically only the mortgage is recorded, but there is nothing preventing the note from also being recorded, usually as an attachment to the mortgage. If the parties don't object, I believe recording the note, especially if it is an original note, is a great way to avoid the "lost note" issue.

On the other hand, recording the note could cause some difficulties in selling the note and mortgage, but only if it is done as the many mortgages/notes were being done in the securitization marketplace. Just because a note is also recorded does not prevent its being sold, and the sale would only require that an Assignment of Mortgage and Note also be recorded to evidence that transaction.

I hope you found this response to be helpful. If so, please click on the button "helpful" and/or "best answer" as this guides me in writing content and style. The above answer shall not be considered rendering legal advice but instead a general response to a general question. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. My response to your question is not to be deemed to create an attorney-client relationship, nor shall it create an obligation on our part to respond to further inquiry from the questioner.

Posted

The mortgage should be recorded to protect that lien interest against others. The note can be recorded, but it's not necessary and very rare to do so.

Please be advised that this answer is only a general response for educational purposes only. This attorney may not know enough facts about this situation to provide the best answer and this is not intended to be legal advice.

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer