Legal Question in Real Estate Law in Florida

Re: owner financed property

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If a mortgage was given by the woman and filed with the clerk of the court (which is the proper procedure), it will have to be satisfied. A Satisfaction of Mortgage will have to be signed by the Personal Representative of your dad's estate unless the mortgage was transferred through the probate to his heirs. If so, it would be satisfied by whomever inherited the mortgage. If an estate was never filed, it will probably have to be filed at this point so that the mortgage can be properly satisfied. Florida law requires that a satisfaction be provided and recorded within 60 days of receipt of the last payment. Failure to do so is a criminal violation under Florida law.

Scott R. Jay, Esq.

Re: owner financed property

The prior answer is correct. However, if no probate took place, it can probably be handled through a Summary Probate, which is much faster and less expensive than having a personal representative appointed (formal probate). Te probate would be filed in the county where your father resided.