Southwest Brevard Cnty, FL asked in Real Estate Law for Florida

Q: My father and I are on the deed to his house here in Florida. HE has a morgage still in his name only. He passed away.

I have been paying the morgage the last few years after his death but now would like to sell the house.

How does this work since his name is on morgage


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1 Lawyer Answer
Jennifer Isaksen
Jennifer Isaksen
  • Bushnell, FL
  • Licensed in Florida

A: If you and your Dad are both on the Deed, you will need to file a probate in order to transfer title out of your Dad's name to sell it. The Mortgage is a lien against the property that will be paid in full at closing, so it doesn't matter much whose name it's in.

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