Life Estate On Quit Claim Deed

[maxtest]

My question involves real estate located in the State of: Florida

Party B was owner of a house and was on the deed by himself.
Party A and party B signed a construction contract to have the house remodeled. After the remodeling contract was signed the owner party B transfered the house to party A by a quit claim deed and retained a life estate which was written on the quit claim deed.

A dispute arose with the contractor and a very involved ordeal took place and a mediation agreement was signed with all parties. ( party A party B and the contractor)

Under certain circumstances the mediation agreement would transfer the house to the contractor. The contractor moved to enforce the agreement and was successful and the court made an order to transfer the house to the contractor. The magistrate prepared a warranty deed as the order said in the favor of the contractor and the magistrate signed for party A and Party B as grantors on the deed.

(1) Why would party B loose his life estate.
(2) It was not part of the mediation agreement or even mentioned.
(3) Party B was not on the deed that the court used to transfer by way of new warranty to the contractor.
(4) I believe the life esate should have carried through on the new deed,
because nothing in writing or orally relinquished the life estate.
Please repy back

[Mr. Knowitall]

(1) Why would party B loose his life estate.

Because that's the remedy the magistrate ordered based upon the contract, cause of action, and facts presented to him. We have none of that information.

(4) I believe the life esate should have carried through on the new deed, because nothing in writing or orally relinquished the life estate.

Having already lost the mediation, your friend should consult a lawyer ASAP.

[maxtest]

Thanks for the reply,
This case has plenty of lawyers, the agreement that was enforced in the lower court is being appealed and other suits are filed.

But, my question still is this?
The order did instruct the magistrate to deed the house to the plaintiff.
My point and question is that the order is wrong because the deed he transfered from had a life estate on it and the magistrate omitted it when he transfered. The agreement which was the sole document that caused the deed to be transfered did not address the life estate and it was never mentioned in the trial.
How can the court disregard the life etate with out telling any body about it.

Thanks maxtest

[Mr. Knowitall]

You should take all of the documentation from the case to a lawyer, and have your lawyer explain it to you. I've gone as far as I can with the tidbits of information you've provided.