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

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


Yes. That is what recording is for.

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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 relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts for disabled children and adults.

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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 not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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