Miami, FL asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida

Q: Can my brother cancle a mortgage my dad made to him with a sign affidavit? My dad was the mortgagee and him mortgagor

My dad passed away and we have started the probate process. The only "asset" my dad had was a mortgage made out to my brother. My brother never made a single payment. Now he says he has an affidavit signed by my dad a year before he died statting that my brother paid the mortgage and releases title to him.

The mortgage was recorded and prepared by an attorney. It seems my brother is trying to pull a fast one to me and my othe brother.

Any thoughts?

1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: It would depend if the affidavit is the equivalent of a satisfaction of mortgage.

1 user found this answer helpful

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