Legal Question in Real Estate Law in Florida

Re: Deed

If the husband and wife obtained title while they were married, after the first death a death certificate should be recorded in the public records. That will take one name off the title, but should have no affect on the mortgage. The survivor may add some else to the title, but that may have several adverse consequences. The mortgage company might try to accellerate the mortgage (call it due and payable) based on the "due-on-sale" clause in the mortgage. The property appraiser may raise the assessed value on the property to the fair market value. The recording office will charge documentary stamps on the deed of $7 per $1000 of the balance on the mortgage. Get professional advice before you take this step.