Legal Question in Wills and Trusts in Florida

My lifetime partner died of colon cancer 6 weeks ago and left me the manufactured home in the will. We have lived here for 16 years and when I called for the pay off it is ridiculous and there is no way I can stay here. I paid last months mortgage but I want to walk away and I have not signed anything in my name. The mortgage company is already threatening me. How long do I have before they can lock me out. I am in Florida.


Asked on 9/06/10, 5:10 am

2 Answers from Attorneys

If you never signed any papers with the lender, you can walk at any time. They can only hold personally liable someone who signs the mortgage papers.

Eventually, when they don't get paid, they will institute a foreclosure procedure, and will probably join you in to close out your interest (tenant and/or owner under Will). That is to be expected.

Depending upon how low they take to do it, they could serve papers to actually have you removed within 4 to 6 months, but it could be sooner. Of course, some take much longer. I've seen up to 2 years.

If you want to stay there the maximium time, then just monitor when they set the matter for a public sale. I would get out at the time of the sale to avoid a knock on the door to get out.

I would recommend that as this moves forward you find a local attorney that provides free consultation to review the matter. This way you will probably sleep better at night.

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Answered on 9/11/10, 6:03 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you are not on the note or mortgage, you have no responsibility. The company will have to foreclose and then provide proper notice. That will probably take a month or so.

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Answered on 9/11/10, 1:44 pm


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