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


Asked on 5/23/07, 11:02 am

2 Answers from Attorneys

Matthew Weidner Matthew D. Weidner, P.A.

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.

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Answered on 5/23/07, 11:08 am
Scott R. Jay Law Offices of Scott R. Jay

Re: home mortgage

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further. Similar questions like this have been asked repeatedly.

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.

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Answered on 5/23/07, 1:44 pm


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