Legal Question in Real Estate Law in Florida

I have a mortgage with my mother on a home. She wanted to sell the home and had me and my brother and sister sign away a life estate so it could be in her name only. After this was done she decided not to sell the home. My quiestion is: what are my opinions as the mortgage on the home is her name and me as consigner and at current payment speed it will take 18 plus years to pay it off, is there anything I cannot do to get myself removed from the mortgage? She cannot refinance it on her own, payments have been late in the past and my younger brother lives in the house and does not make payments on time. Is there any actions I can take to A) force the selling of the home, or B) force my brother out and get rent to renters that pay their bills? Thank you for any advise.


Asked on 10/04/12, 6:31 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Probably not going to get your name off unless there is a refinance. The bank has no reason to let you out and all the reason to keep you personally responsible.

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Answered on 10/04/12, 10:50 am


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