Sarasota, FL asked in Probate for Florida

Q: My grandmother died without a will. Her house still has a mortgage on it, can I get the house?

I live in Florida, my aunt agrees I should get the house and take over mortgage, is this possible? How long will it take? Can the state or bank take the house?

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Maybe. You would need to qualify with the lender to assume the mortgage. You may not have any rights at all; unless your aunt takes possession of the house first. Talk to a probate lawyer in your county. The bank can foreclose on the mortgage, yes.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Short answer, maybe. How long depends upon a variety of factors and whether the bank has already started foreclosure proceedings. yes, the bank can take the house if not paid. Typically the State will not attempt to take a house or the bank will do so long before the State would.

You need to get title to the house via a proper probate proceeding then apply for and get approved by the lender to either take over the loan or get a new loan.

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