Is a subsequent purchaser deemed to have notice of this mortgage lien?

Asked 10 months ago - Key Biscayne, FL

A mortgage was recorded on a real property, and no satisfaction of that mortgage was ever recorded. Is a subsequent purchaser deemed to have constructive notice that the mortgage lien still exists?

Attorney answers (3)

  1. Samuel David Cooper

    Contributor Level 13

    3

    Lawyers agree

    Answered . Yes. That is what recording is for.

    If this answer was Helpful or the Best Answer, please click above to let me know. Representing clients on... more
  2. Carol Anne Johnson

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes. Since Florida is a notice state, such a recording means that a subsequent purchaser for value is on notice of the existence of the mortgage, whether they availed themselves of the information (actual notice) or not.

    My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client... more
  3. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with the other answers, but I would add that a complete answer would depend on how old the prior mortgage was and whether the date on which full payment of the mortgage was due. Enforcement of the prior mortgage might be barred by a statute of limitation.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more

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