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

thanks

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1 Lawyer Answer

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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