Legal Question in Real Estate Law in Florida

My brother and I, as co-personal representatives, were assigned a mortgage that my mother held for a family friend. The friend has paid off the mortgage and we are completing the satisfaction. Do we include our mother's name as original mortgagee as well as both of our names, Do we include the assignment of mortgage information on it as well?


Asked on 1/22/17, 5:38 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney to prepare the document so it is done correctly the first time. without seeing the documents that comprise the mortgage any answer given would be pure guess work. why not have the attorney for the estate that you are co personal representatives in prepare it?

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Answered on 1/22/17, 5:52 am
Jean Winters Winters & Winters, PA

If there is a will that gives the personal representatives powers to transfer /exchange property, then you could satisfy as the personal representatives of the estate of (Name)... In the body of the satisfaction, you would want to cite the book and page of the mortgage and any assignment.

If there is no will, then the heirs would satisfy the mortgage unless there was a court order authorizing the personal reps to do so.

That said, I would also caution about the importance of seeking an attorney (like the attorney for the estate) to review the documents and prepare the satisfaction, to ensure there are no problems. There is an inherent risk in "do it yourself" recording of documents like deeds, mortgages and other liens and satisfactions that affect real property. In my practice, I have seen far too many botched recordings that cloud title and create problems down the road.

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Answered on 1/22/17, 2:04 pm


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