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FL Quitclaim Deeds

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M

mshane

Guest
In the state of Florida, if there is a mortgage on a house can part of the property be separated in a quitclaim deed to a neighbor? If not, is that part of the property still a part of the original parcel? Thank you for any thoughts.
 


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gottago

Guest
Somewhere in your mortgage contract is a "due on sale" clause. It basically means that your mortgage is payable in full if you transfer ownership of the property to someone else.

With that said, I have sold mortgaged real estate in Florida without paying attention to the due on sale clause.

The mortgage lender isn't going to know about the sale unless you tell them, or they receive a new homeowner's insurance policy sheet from an agent. In the case of your situation, that won't happen, since you'll still be living at and insuring the property.

Technically, you can't do it without permission from the lender. However, the lender isn't likely to find out unless you tell them. Also, the lender isn't likely to care as long as you keep making the paymemt.

Here's an idea: Sell the portion to the neighbor. Then, after the sale's complete, immediately refinance the property using a new survey that shows only your land. That way, you get the money for the unwanted land, and you can sleep at night knowing you have no skeleton in the closet. Plus, you can take advantage of some really good mortgage rates.....
 
M

mshane

Guest
Actually, I am the individual who bought the real property from someone who did have a mortgage on the house, did a quitclaim deed with a neighbor and it wasn't until the closing that we even found out this small strip of land may not be ours. The survey even missed it the first time and had to come back out. I am wondering if that quitclaim was legal. Thank you for your response!
 
G

gottago

Guest
Now is the time to visit an attorney. The small amount you'll spend on an attorney now may save you a huge headache (and huge $$$) later.

You've got a complicated situation there, and it could get messy if the previous owners did something fishy.....
 

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