Legal Question in Wills and Trusts in Florida

Re: Satisfaction of mortgage needed from deceased grandmother

As stated by Mr. Martin in his previous response, if the estate was probated, then the Personal Representative can execute a Satisfaction of Mortgage in your favor releasing the property from any claim. If the estate was already closed, then a simple motion to reopen the estate can be filed stating the reasons the estate must be reopened. The Motion should be filed together with the order to save time. The Satisfaction can then be signed by the Personal Representative and filed.

If there was not an estate, all is not lost. You have the option of filing the estate yourself if the other family members are in agreement. You, or another family member, could then serve as the Personal Representative and issue the Satisfaction of Mortgage.

Alternatively, a suit to quiet title can be filed seeking to have the mortgage stricken of record and the title to YOUR property "quieted" in your name. This would suffice for a title attorney in order to sell your property. An affidavit would not be sufficient in order to provide clear and marketable title. Do not wait until you are ready to sell, however, because you will not be able to accomplish this in the time alloted between the signing of the Contract and prior to closing.

Scott R. Jay, Esq. 305-249-8000

Although this is not a simple matter, a competent real property practioner who also handles probate matter should be able to resolve your problem in a relatively short period of time. You should consult an attorney with the proper experience to help resolve your problems.

Re: Satisfaction of mortgage needed from deceased grandmother

If an estate proceeding was undertaken, the presonal representitve could sign a satisfaction.If he refuses, you should file a law suit to clear the title.

Re: Satisfaction of mortgage needed from deceased grandmother

Based on the information provided, it is not clear whether the estate of your grandmother was probated. The Personal Representative of the estate can execute a Satisfaction of Mortgage upon showing the debt was paid. If her estate was not probated, it will be difficult or impossible to obtain a Satisfaction of Mortgage for recording in the public records. You can execute an affidavit which refers to the loan and the manner and time in which you paid it, and record that document. In addition, you can ask the legal heirs of your grandmother to sign a release of any claim regarding the loan. Ultimately, when you sell the property, a title insurer will require sufficient proof that the claim against the property has been fully paid or will not be asserted. You are advised to consult with a local real property attorney who can counsel you re your specific situation.