Legal Question in Real Estate Law in Florida

Can the mortgage company come after me for his loan?

My Father in Law passed away and the house he lived in was co-owned 50/50 with another person. The surviving owner has not been making payments and is in jeopardy of defaulting on the loan. If the co-owner defaults, can the mortgage company come after the estate (i.e. us and our money?) My father in law didn't have much in the way of tangible assests and what he had is very special to us, sentimentally. What do we do?


Asked on 5/23/06, 10:26 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Can the mortgage company come after me for his loan?

If the mrtgage is forecosed upon and deficiency remains, the creditorcan pursue the makers of the note. In your situation the claim would only be against the estate. If thew estate is without meaningful assets, then there is little to be concerned about.

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Answered on 5/23/06, 7:12 pm


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