Legal Question in Real Estate Law in Florida
long story short, my grandmother passed away in 2011, her house was split up between her Daughter, Son and myself. they have refused to help with anything on the house. and now that it is in foreclosure and facing criminal charges due to failing septic system they have removed their names off of the house and left it all on me. is there anything I can do about this? the letter from the lawyer when their names were added clearly stated that all of us were responsible for Mortgage, repairs and maintenance on the house and property, yet they refused to do anything. I'm looking for any advice I can get
Thanks
2 Answers from Attorneys
I am assuming from your question, that your aunt and uncle (?) recorded a quit claim deed in an alleged conveyance. A valid conveyance (transfer of title) requires a valid deed, delivery and acceptance. (Recording creates a rebuttable presumption of acceptance.) You could challenge the conveyance. You also need to know who was on the note, not just the mortgage. If all three, they can't get out of the note obligation through a conveyance (valid or not). The note - not the mortgage- will determine who may be held personally liable for any deficiency judgment. I do not know what criminal action there is, but they could not avoid a code enforcement lien or subsequent civil lawsuit for a money judgment by "conveying" the property. You have a number of issues here, that this response does not fully address.
PLEASE NOTE: This response does not constitute legal advice. You may want to retain an attorney to determine (and pursue) your rights and remedies.
More facts are needed to really assist you in resolving your dilemma. Seek some legal advice. Ms. Winters gives a very comprehensive analysis on the fact given.
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