Legal Question in Wills and Trusts in Florida

my mother passed years ago.her property was left for me and 3 brothers.my brother duane went behind our backs and got a 30 year mortgage on her house.he has defaulted.how can i get my share of my mother's home?


Asked on 3/28/12, 8:59 am

3 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

You will have to sue him. I would also like to know how this was accomplished without the rest of you being on the mortgage. I suggest you contact an attorney as to this issue - As I understand real estate law - you can't mortgage what you don't own!

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Answered on 3/28/12, 9:08 am
David Slater David P. Slater, Esq.

Don't see how this can happen. Bank would only lend to all owners.

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Answered on 3/28/12, 11:30 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

As everyone has said, if you all owned the property how did one of you get a mortgage? This document would be defective as against all the other owners. Have the paperwork reviewed by an attorney.

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Answered on 3/25/13, 11:50 am


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