Legal Question in Wills and Trusts in Florida
I am a beneficiary of a trust which includes a beach condo. My aunt is trustee and currently lives at the condo. She has not paid the condo association's assessment fees and therefore the condo is going into foreclosure. She just received an "intent to foreclose" statement. My question is: would the intent to foreclose list my name anywhere as a beneficiary? I am suspicious that she somehow terminated my rights.
1 Answer from Attorneys
An intent to foreclose from a condo association is delivered to the person indicated on their records as the resident/tenant, usually person responsible for paying the association fees. Such intent to foreclose is a notice and would not list you as a trust beneficiary. The owner of the condo is the trust, and your aunt, as trustee, will receive such notices. Until you are owner of the property, there is no legal reason to provide such notice to you. It is unlikely that your aunt has terminated your rights. Suggestion: inform the association of your status so that you may receive such notices and statements regarding the property.