Legal Question in Real Estate Law in Florida
My father in law had a land contract with a person that has deceased.The daughter was receiving the last year of payments to complete the ten year contract as excetive of the will.My father in law sent her paper work from an attorny for her to sign for deed of property.All she sent back was paid in full did nothing with paper work that was sent from attorny.Attorny said after five years of property being paid off he could go to county records and record property as his own.It has been more than five years and still can not put property in his name.
2 Answers from Attorneys
Your father-in-law's attorney needs to either sue her to quiet title, or convince her to sign a deed, unless a deed was held in escrow somewhere. If your father-in-law's attorney hasn't already suggested this, then your father-in-law needs to find a new attorney.
Land contracts in Florida are rare since there is no advantage over a deed with a seller backed mortgage. However, what is happening in your case doesn't make much sense. It sounds like the attorney is relying upon a 5 year statute of limitation clause.
I recommend that you take your paper work to an attorney for a review. Hopefully the documents were recorded. It may require some legal action against the decedent's estate to clear up.
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