Can I Sell Part of My Land if I Have a Mortgage in Hialeah, FL?

Owning a large piece of property in Hialeah presents a unique opportunity to unlock cash, but you may be wondering, “Can I sell part of my land if I have a mortgage in Hialeah, FL?” Yes, but achieving it requires navigating a complex process with precision and care. A key first step is getting your mortgage lender to approve a “partial release,” a requirement for most U.S. residential loans, before a piece of the collateral can be sold separately. Additionally, you must obtain subdivision approvals from the city, a process that can add weeks or even months and includes costs for new surveys and legal descriptions. The typical closing timeline for these partial sales often stretches from 45 to 90 days due to these added complexities. The question, “Can I sell part of my land if I have a mortgage in Hialeah, FL?” ultimately depends on overcoming these hurdles with your lender and local authorities. If you want a simpler, faster option, Steve Daria and Joleigh are trusted real estate investors and cash land buyers. They offer “as-is” solutions without delays. They specialize in simplifying complex land situations. Book a free discussion to explore your options today.

What does “selling part of my land” mean if I still have a mortgage?

This process addresses the core question, “Can I sell part of my land if I have a mortgage in Hialeah, FL?” and shows that it requires careful steps. 

You will also need to secure subdivision approvals from the city or county and comply with any HOA rules that might apply. 

The entire timeline can take 45 to 90 days due to survey work, lender reviews, and closing procedures. 

These complexities make it essential to get everything right to ensure the buyer receives a clear title. 

It is wise to contact your lender early in the process and consult with a real estate attorney and a surveyor.

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Will I need a new survey to sell only part of my land in Hialeah, Florida?

Yes, a new survey is almost always required when you sell only part of your land in Hialeah. 

You will need a current boundary survey of the entire property, plus a new survey that creates a precise “metes and bounds” legal description for the specific piece you are selling. 

This new survey clearly defines the exact boundaries, access points, utility easements, and any potential setback issues for the new parcel. 

It is a critical document that allows the buyer to obtain a clear title and future building permits. 

Your lender will typically require this survey to approve a partial release, and the title company needs it to prepare accurate closing documents. 

Factoring this into the question, “Can I sell part of my land if I have a mortgage in Hialeah, FL?” shows how vital professional services are. 

The process of scheduling a surveyor and receiving the final draft can take 2 to 6 weeks and often costs between $1,200 and $3,500, or more for complex properties. 

Contact a licensed surveyor and real estate attorney early and coordinate with Hialeah’s platting department.

What fees should I budget for in a partial sale in Hialeah, Florida?

1. Survey and Legal Description Fees: You must hire a licensed surveyor to create a new boundary survey and legal description for the portion of land being sold. Expect to pay between $1,200 and $3,500, though costs can be higher for more complex or large properties.
   
   
2. City Subdivision and Permitting Fees: The city of Hialeah charges for reviewing and approving your subdivision application, with fees typically ranging from $500 to over $3,000. These costs cover the administrative work for platting and ensuring your new lot lines meet local codes.
   
   
3. Lender and Mortgage Fees: Your mortgage lender will likely charge a fee to process a partial release, which can cost anywhere from $250 to $1,000 or more. This fee covers their expense for re-evaluating the loan and officially releasing the sold portion from their collateral.
   
   
4. Closing and Title Insurance Costs: Standard closing costs, including title insurance and county recording fees, usually fall between 1% and 3% of the property’s sale price. These are necessary to ensure the new owner receives a clear, legally recognized title to the land.
   
   
5. Legal and Engineering Fees: Budget between $800 and $3,000 for a real estate attorney to draft documents such as easements and to review the sale. If the land split is complex, you may also need a civil engineer, which would add to your professional service costs.

Do zoning rules change when I split my land?

Zoning rules for your property do not typically change when you split your land, but both new parcels must fully comply with the existing regulations. 

This means each resulting lot must meet Hialeah’s current requirements for minimum size, road frontage, and setbacks from the property lines. 

If your proposed split creates a non-conforming parcel, such as one that is too small, you may need to apply for a variance, which adds time and cost. 

The city’s subdivision review process will also check for proper drainage, utility access, and any required easements for both lots. 

This is an essential factor to consider when asking, “Can I sell part of my land if I have a mortgage in Hialeah, FL?” City approval is a key step. 

For example, create and record new access or utility easements to ensure the remaining parcel is not landlocked. 

Both your lender and the title company will require proof of these recorded city approvals before allowing the sale to close. 

To avoid any surprises or delays, it’s best to speak with the city planning department and a real estate attorney early in the process.

What if my lender denies a partial release to sell my land in Hialeah, Florida?

1. Appeal the Decision with More Information: Formally appeal the denial by providing new evidence, like an updated appraisal or recent sales data. Discuss the reasons for denial with your loan servicer and consider asking a real estate attorney to help strengthen your request.
   
   
2. Reduce Your Loan-to-Value Ratio: Lenders often deny a release if your loan balance is too high relative to the property’s value. Offer a principal payment to lower the loan-to-value ratio and improve your chances.
   
   
3. Restructure the Property Split: Denial may be due to land division issues, such as access or easements. Work with your surveyor to adjust lot lines or create new access points, then resubmit for approval.
   
   
4. Consider Selling the Entire Property: If a partial sale isn’t an option, selling the entire property is a more straightforward way to get the capital you need. This approach avoids the need for lender approval for a partial release.
   
   
5. Explore a Direct Cash Sale: For a quick sale, sell directly to a cash buyer specializing in these situations. This guarantees a closing without lender delays, offering a simple way to liquidate the asset.

What documents should I gather first?

To successfully navigate a partial land sale, gathering key documents upfront is essential for a smooth process. 

Start by collecting your mortgage note, your loan servicer’s contact information, and any partial release guidelines they provide. 

You will also need your property’s deed, any prior surveys or recorded plats, and the current legal description. 

Having these items ready helps address the question, “Can I sell part of my land if I have a mortgage in Hialeah, FL?” by speeding up the review process. 

If you are in a homeowners’ association, gather the CC&Rs and any necessary approval forms. 

Additionally, obtain zoning and subdivision rules from the city, utility maps, your latest tax bill, and a recent appraisal or comparable sales data. 

This preparation helps your attorney, surveyor, and title company move forward efficiently. 

For an even faster, simpler path, expert and seasoned real estate investors Steve Daria and Joleigh buy land for cash and can provide an as-is offer without the extensive paperwork. 

Book a free discussion to have them review your documents and explore your options.

Takeaways

• Lender Approval is Crucial: Selling a portion of mortgaged land in Hialeah requires the lender’s consent. Without approval, the sale could violate your mortgage terms and create financial complications.

• Understand the Impact on Your Loan: Partial land sales can affect your remaining mortgage balance, interest rate, or loan-to-value ratio. Reviewing your mortgage agreement ensures you avoid unexpected penalties or adjustments.

• Proper Documentation Protects You: Accurate surveys and legal descriptions are essential when dividing and selling land. These documents clarify boundaries and prevent disputes with buyers or neighbors.

• Zoning and Local Regulations Cannot Be Ignored: Hialeah’s zoning laws may limit how you subdivide or sell your property. Checking these regulations beforehand avoids delays, fines, or blocked sales.

• Professional Guidance Simplifies the Process: Consulting a local real estate agent, attorney, and surveyor ensures a smooth transaction. Their expertise helps you navigate lender requirements, legalities, and maximize the value of the portion you sell.

**NOTICE: Please note that the content presented in this post is intended solely for informational and educational purposes. It should not be construed as legal or financial advice or relied upon as a replacement for consultation with a qualified attorney or CPA. For specific guidance on legal or financial matters, readers are encouraged to seek professional assistance from an attorney, CPA, or other appropriate professional regarding the subject matter.