Legal Question in Real Estate Law in Florida

Re: Closing Signature???

If your Aunt's name is only on the mortgage (presumably as a co-signer) then she will not have to sign any documents at the sale to a third party. As the party listed on the Deed, you are the owner and will have to sign all documents on behalf of the Seller at the closing on the sale.

I strongly suggest that you consult an attorney who can represent you in this closing. I often find that is cheaper for a party to be represented by an attorney who can advise him or her on all details of the closing and prepare necessary closing documents as well as make sure only those charges which should be the Seller's responsibility are charged then by attending closing without representation and being charged whatever the Buyer's closing agent or title company decides to charge. It is certainly worth investigating.

Scott R. Jay, Esq. 305-249-8000

Re: Closing Signature???

If you are the only one on the title (quitclaim deed), then only you need to sign the transfer documents. If your aunt holds the mortage, she will need to provide the closing agent (title company, lawyer) with a pay-off that will be paid at closing. If your aunt is the one who signed the mortage for a lender, then the lender will have to provide the closing agent with a pay-off statement. I strongly recommend you seek the advice of counsel to guide you through the closing process to make sure your interests are properly protected and that you are charged fees that are either grossly overblown or should be charged to another party.

Re: Closing Signature???

If your mother was the owner and signed a quit claim deed to you then only you need sign the transfer deed. The mortgage to your aunt must be paid off. I assume a title company will be used by the buyer. They will advise what papers are needed. If you need further information please contact me.