Legal Question in Real Estate Law in Florida
home mortgage
mort holder dies sent check to estate of daughter returned wanted check wrote out to her dont know if there is a will house pd off in oct and will need satisfaction of mort any suggestions
2 Answers from Attorneys
Re: home mortgage
Please contact me and let me know what area the property is located in. You may have to open an estate to get the mortgage satisfied, and you may be able to obtain fees from the opposing party.
Re: home mortgage
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I would first check with the Clerk of the Court in the county in which the decedent resided. If an estate has been filed, you need to communicate with the Personal Representative.
If not, then your only recourse is to deal with the daughter. If the daughter does not want to deal with this, you may have to retain an attorney and file the estate on your own. The court will then appoint a person to act as the Personal Representative of the estate who will be empowered to accept payments and satisfy the mortgage on your behalf when appropriate.
Scott R. Jay, Esq.