Legal Question in Real Estate Law in Florida

Life Estate and Mortage...Who is reposnible?

I am in Florida. I purchased a home with my mother. We are both on the mortgage. The original deed was ''right of survivorship''. UnbeknownstI am in Florida. I purchased a home with my mother. We are both on the mortgage. The original deed was ''right of survivorship''. Unbeknownst to me, a few years back she Quit Claimed her half of the house to my sister and gave herself a life estate.

My mother died about 2 months ago. There is still $25,000 owed on the home. My sister who is not on the mortgage said that she does not have to pay anything, since only my mother and myself were on the mortgage.

Since my sister got the home from my mother wouldn't she be responsible for the half of mortgage my mother had?

I plan to hire an attorney, but after two consultations, I am confused.

Attorney #1: Said that my mother could not break the right of survivorship without my consent and that my sister really owned nothing and that I could just have her evicted from the premesis.

Attorney #2: Said that my mother could break the right of survivorship and my sister is half owner of the house and that I need to pursue the debt with my mother estate. If that can't pay my sister is responsible.

Thanks


Asked on 12/03/05, 10:12 pm

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Life Estate and Mortage...Who is reposnible?

Attorney #1 should be avoided. He is absolutely wrong.

Your sister is not personally liable on that mortgage (meaning they could not get a judgment against her personally - they could only foreclose on the mortgage, and she would lose out). If the mortgage does not get paid by someone, obviously they will foreclose. You should contact an attorney who specializes in real estate. Your only real remedy may be to file a partition action asking the court to have the property sold and the net distributed, asking the court to first award you anything you paid which was her share of the mortgage payments made.

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Answered on 12/05/05, 8:39 am


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