Legal Question in Real Estate Law in Florida
The lender of my mortgage died in 2002 two years after we purchased the house, I asked the advice of an attorney who said we could put the money in an escrow account or do nothing and wait until the probate court notifies you, well no one has notified us in 13 years and the mortgage matures on 18th of August 2015 how can I get a release to the title?
2 Answers from Attorneys
You need to contact the the Personal Representative of the Estate. In the alternative you will need to bring an action to discharge the mortgage lien.
Or you need to probate an Estate if that was never done. It will not be an easy process. You can also wait five years from the date that the last mortgage payment is due and than it is barred by the statute of limitations. You could also file a quiet title action and attempt to include all heirs of the decedent, if no Estate was ever probated. Seek some legal advice.
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