Legal Question in Real Estate Law in Florida

Our private mortgage holder died (about 2 years ago) WHO DO YOU WE PAY NOW, the daughters want us to pay the oldest daughter. Says no probate, no estate that she is the legal next of kin. I have been making the checks to "the estate of _____" (for the last few months) They are mad. I told her I needed a court document stating they now owned the mortgage before I change it. I am concerned that she can not legally sign a mortgage satisfaction.


Asked on 5/19/14, 4:49 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You have good reason to be concerned. The holder of the mortgage is the individual(s) who own it of record. Have an attorney run a title search and verify who that is currently. They cannot just take ownership of the decedent's interest unless the mortgage was transferred OR owned as joint tenants with survivorship OR was owned by a trust that provided for the transfer of ownership.

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Answered on 5/19/14, 5:17 am


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