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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Inherited Property In Florida Being Foreclosed

    My question involves estate proceedings in the state of: florida

    my father died and left his house to all the children- there is still a substantial mortgage left on it. one child was paying the mortgage for a while but cannot anymore. there have been no mortgage payments since around october 2007. my father's will was never probated. now an attorney is trying to contact all the heirs regarding the property. everyone is afraid to talk to them because they don't want to be responsible.

    are the heirs responsible if the mortgage was never transferred to their names?
    what is the obligation of the heirs to speak to the attorney if they don't have any other options other than to have the house forclosed on?
    how long do they have to remove the personal items in the house?
    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Inherited Property In Florida Being Foreclosed

    well, if you'all dont't want to lose the house, I would suggest somebody step up and open probate. The estate is liable for the mortgage payments. If there is no money in the estate, then the heirs can pay the mortgage. It becomes a debt against the estate.

    If nobody does anything, the house is going back to the bank.

    How long to remove the items in the house: Don;t really know but mu suggestion is, if you want anything, get it now because once the bank repo's it ans since there is no probate, the stuff will not stick around long as it will be considered abandoned property as will be disposed of ASAP.

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