Legal Question in Real Estate Law in Florida

The quit claim deed is subject to the underlying mortgage so you would have to pay it to maintain ownership. Your siblings have no vested right to the property if your father wants to sell it during his lifetime. Maintain good records. The issues after his death will be whether he was unduly influenced by you to do this and whether the sale was reasonable under the circumstances. Was there an appraisal of the property? is it worth significantly more than the mortgage? Seek legal advice as the facts given are not sufficient completely evaluate the issue.

Typically, when one or more siblings want to fight other sibling(s) over grants of real property the allegation is one of "undue influence", that somehow you prevailed on your father to sign the property over to you, though had he been of unfettered mind he would not otherwise have done so. There are two factors in any undue influence case: whether you had or have a close and trustworthy relationship with your father (referred to as a "confidential relationship") and whether you paid a fair price for the property (the minimal amount down and taking over mortgage payments). If you would like to read more about this go online to:

floridabar.org/DIVCOM/JN/JNJournal01.nsf/4f0361bef4af101e85256f4e004d0fef/30e847f8e10f4702852573fb004a866e

If the price you are paying would seem unreasonably low to the average person (i.e. which might be the case if there is a considerable amount of equity in the property) such a law suit can be filed but that does not mean your siblings would win the suit. Further, and importantly, the siblings would have to establish that had the property not been deeded to you that your father would die without a will (resulting in equal division among sons and dauthers and if married a "wife's share") or that if he had executed a will your siblings would have taken under the will in the event of death. If your father cared more for you than your other siblings it might be difficult to prove undue influence.

A bill of sale is not necessary as the "quitclaim" is for all practical purposes a bill of sale. Further, you probably should read the underlying mortgage and promissory note to determine whether the Bank's consent was necessary when the property was deeded to you.

This is not a legal opinion. To obtain a legal opinion you need to formally engage Florida counsel and confer with your counsel one on one.

If you have proof of paying off the mortgage you should be able to defend your claims.