Legal Question in Real Estate Law in Florida
forclosing
am paying on property of decesed dad, lot of time and money of my on involved, am told only way to get the property is for the person I am making the payments to do a forcouser. He has agreed to do that and turn the property over to me.I am to pay it off and all cost of the forclouser.Want to make suer every thing is leagel.So do I need an attorney to draw up the papers or can a paraleagel do it? Need to not make a payment in order for the person to do a forclouser am told but want it all to be leagal.Need papers from him saying he agrees to it before I miss a payment.What do I need to do?? Thank you so much
1 Answer from Attorneys
Re: forclosing
You have not been given good advice. There is no need for a foreclosure. If you are the only heir at law or the beneficiary under a will, you can have the home transferred in probate court, then you can simply pay off the existing mortgage, assume the existing mortgage (if the mortgagee permits) or obtain a new first mortgage to pay off the existing one. You need to seek the advice of an attorney experienced in probate and real estate matters. I'm not that lawyer, but I can refer you to the appropriate attorney if you contact my office (305.445.0937).