Legal Question in Wills and Trusts in Florida
if i have a life estate on my home because of my wife's death and the probate judge ordered the step son to pay the note on the house and he does not, and the house goes into forclouser can the person that buys the house make me move?
Asked on 2/06/12, 6:51 pm
2 Answers from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
Yes. If the mortgage which is being foreclosed covers the property which includes the life
estate interest, it will be included in the foreclosure.
Answered on 2/06/12, 8:11 pm
Lucreita Becude
Lucreita D. Becude, P.A.
This is a great question. Depending on what the mortgage states, ie selling any interest to anyone after the mortgage has been established would be my first thought. If the mortgage was placed on the property with the life estate already on the deed, then I think this would become a first case law that should be submitted to the supreme court.
Answered on 2/07/12, 8:37 am
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