Legal Question in Real Estate Law in Florida

Before Father's passing in 2008, he quit claim property in Sumter County, Florida to me in 2004, however Mother got a small loan on the property before Father's passing away.

The loan at the time had a $10,000.00 pay off in 2008. Mother receives rent on the property, however has not made any payments on the loan and now the payoff is $33,000.00. When it was only $ 10,000, the bank would not allow me to speak, because even though I was the recorded owner on deed I wasn't on the loan. Even though I was interested in trying to save the property by curing this delinquent loan, mother didn't care to allow me to do so. My mother has now decided to restructure the loan with the bank. She says she don't want the hassle anymore of dealing with it. I asked her to allow me to at least be able to speak on the loan as well as fix whatever the home needs so the tenant will be happy and resume paying rent and mother would still assume the monthly income after loan payment is made. I figured since I'm already on the recorded deed this would make since. My mother says you were never on the deed, but Sumter County property records of the recorded deed says different. Seems mother has been convinced that my sister should be on the mortgage. That would give my sister control of the loan and property when our dad intended for me to manage the property and help my mother. I feel that I'm being schemed on somehow and not quite sure of what my rights and/or interest are if any. Do I have any rights or interest? Should I just sign property over to my sister? Oh I'm told I was never on the deed, so I guess there wouldn't be anything to sign over. Do I even matter? HELP!!!


Asked on 6/04/15, 7:52 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney and bring all your paperwork.

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Answered on 6/04/15, 8:04 am
David Slater David P. Slater, Esq.

Without seeing the recorded deed, no one answer this properly.

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Answered on 6/04/15, 9:19 am


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