Legal Question in Real Estate Law in Florida
When my mother in law was alive I had full power of attorney. I went into an agreement with a man who wanted to rent with option to buy her property before or after she died. I had a lawyer draw up the papers. She has died and has 3 siblings she left the house to but they do not want the house only to get it out of thier names. House isn't worth much, around 11,000.00. Money is owed on the house and the man pays the mortage on it each month sending directly to mortage company in his name. My question is can we get copies of quick claim deed from court house fill them out have each person sign and file at courthouse and the house would no longer belong to the three siblings, and how would this affect the mortage still owed on the house. He would like to continue to pay it as he has in the past.
1 Answer from Attorneys
Assuming the probate is complete and the house has now passed to you and your siblings, you can get a quit claim deed online (or better yet, have it prepared by a lawyer). The quitclaim can be filled out to transfer the house from you and your siblings to (just) you. You should read the mortgage contract carefully or review it with a lawyer to make sure the quitclaim transfer won't violate the mortgage agreement. If it does, the mortgage company could possibly foreclose on the house. Otherwise, what you intend to do should be fine.
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