Legal Question in Wills and Trusts in Florida

My mother passed in February of this year, she had two loans on her home, I have contracted both loan companies set up payment plan after talking to my sibling it was throught that one loan was more than 30 years long, so I called the loan company and requested a copy of the orginal loan papers and a payment history.

Now the loan company states they can not talk to me about the loan with out a letter of confirmation due to the fact that there was no will.

we are willing to make the payments but we want to see the paper work

Asked on 6/18/11, 11:35 am

2 Answers from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

You need Letters of Administration. Please call my office at 904-576-2581 or email me at [email protected] for a free consultation.

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Answered on 6/18/11, 9:50 pm
Michael Sasso M. Daniel Sasso

The Patriot Act, privacy arrangement or contracts with the decedent, Federal and State banking regulations and a host of other internal procedures are set up to honor the privacy among the lenders and mortgagors. This is stopping you from obtaining information, also there is a chance that there are private provisions within the Mortgage and loan documents themselves that may require with partial payment of principal or additional security should the lenders feel insecure now that the borrower is deceased.

The title to real estate (with perhaps exception of the homestead when minors or the spouse of decedent are still alive) passes under Florida law upon death or vests in the beneficiaries receiving the same unless the Will indicates that the same must be sold and then distributions made. In the case ther is no Last Will & Testament then Florida Statutes FS 732.101-732.103 would control - you should browse those Florida state laws to determine who will receive the interests in the realty first before proceeding to a Formal proceeding or re contacting any lenders. In any event that may change the way both you and or your siblings may feel about getting involved in the matter, and I dare say that those who may inherit would possibly benefit the most and wish to become invovled and move this ahead.

Hope this helps somewhat.

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Answered on 6/20/11, 1:36 pm

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