Florida is a:
Question & Answer
Review the question and all answer choices
Deed of trust state
Deed of trust states use a trustee rather than a mortgage instrument, with the property deed held by the trustee until the loan is paid. Florida uses mortgages, not deeds of trust, making this option incorrect.
Title theory state
Title theory states convey legal title to the lender until the mortgage is paid. Florida does not follow this approach, as borrowers retain legal title while the lender only has a lien.
Lien theory state using mortgages
Non-judicial foreclosure state
While Florida does use non-judicial foreclosure in certain circumstances, this is a procedural characteristic rather than a property theory classification. The question specifically asks about property theory, not foreclosure method.
Why is this correct?
Florida is a lien theory state where borrowers retain title and mortgages create a lien on the property. This means the borrower holds legal title while the lender has only a security interest, making option C the correct answer as it accurately describes this relationship.
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