Legal Question in Wills and Trusts in Florida
House in legal limbo ??
thought perhaps you could answer a question for me, well at least I hope so...Is it possible to have a mortgage loan in your name on a house left to you in a will that was never put into your name, in otherwords, the deed is still in the deceased person's name, but the mortgage loan, what is left of it is in the name of the person the house was ''left'' to....now the person it was ''left'' to is dead....and ''left'' the house to someone else...I can't imagine this is all legal, where do you go to straighten it out...and/or is it a problem? Thank you.....
1 Answer from Attorneys
Re: House in legal limbo ??
Based on my understanding of your information, I see nothing illegal here, perhaps a bit confusing. At death the property passes to any joint owner with right of survivorship or to the person named in the will. If the person named in the will had died, then the property passes to the person named in his will (if there was no joint owner). Regardless of who owns the property, the mortgage is still a claim or lien against the property and must be satisfied. The morgagee (such as a bank) is protected regardless of who owns the property so the property may have to be sold by the ultimate owner to pay the mortgage. If the estate(s) is(are) in probate, one of the functions of probate is to sort out such messes. These situations frequently occur because people die holding property in only their name, have mortgages, etc.
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