Legal Question in Real Estate Law in Florida
Timeshare problem
My wife and I purchased a timeshare and divorced soon after. She would not pay and I could not keep up payments. I negotiated a deed in lieu of foreclosure with the orlando, FL company, and they sent us each copies to sign. They received my copy, however my ex fell ill and passed away before completing hers. The timeshare company is not acknowledging my deed in lieu, and I have now recieved foreclosure papers. They have obtained a death certificate for my ex. Should they not have agreed to my deed in lieu that I sent them in good faith? Am I doomed to go through a foreclosure on this, and do I have any other options?
Thank you for your help.
1 Answer from Attorneys
Re: Timeshare problem
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If your wife fell ill and passed away, her estate gained ownership of her 50% interest. In order to complete the deed in lieu of foreclosure, you would need to have gotten a deed from her personal representative. Since you did not, the lender had no choice but to proceed with the foreclosure in order to get the title.
Scott R. Jay, Esq.