Legal Question in Real Estate Law in Florida

Re: liability

Her estate is liable. The mortgage note is a lien on the house. If it is not paid they can foreclose.

Re: liability

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When your mother quit claimed her house to you, she gave up whatever claim to the property she had. You obtained title in the condition it was which apparently included the mortgage.

If you choose not to pay the mortgage, the lender can foreclose on the property and take title to it. You will not have any personal liability but you will lose whatever equity is in the house.

If the property has gone up in value or if the mortgage has been paid down, this may not be a wise choice. There are serious consequences to your actions which should be reviewed with a qualified real estate attorney.

Scott R. Jay, Esq., 305-249-8000