Fernandina Beach, FL asked in Real Estate Law for Florida

Q: On the deed of a condo. Not on the mortgage. Not married to mortgage holder. Do I have any rights to condo, equity, sale

Lives in condo and paid mortgage and all associated expenses for 10 years. Mortgage holder has lived there last 5 taking care of expenses and mortgage although has let it go to foreclosure 3 times but managed to save it. I just would like to cut ties but would like to walk away with something.

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2 Lawyer Answers
Jane Kim
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Answered
  • Naples, FL
  • Licensed in Florida

A: It is difficult to understand what you are saying in writing. It would help if you provided a copy of the deed and a mortgage to a lawyer for review and proper advice. If someone is on the deed and you want to cut ties with them, I am not sure what exactly you mean, a forced sale?

THIS ANSWER IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE INFORMATION PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING IN THIS ANSWER SHOULD BE TAKEN AS LEGAL ADVICE FOR ANY INDIVIDUAL CASE OR SITUATION.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Apparently, you and the "mortgage holder" own the condo as tenants in common. A bank or similar institution would actually own the mortgage; what you apparently mean by "mortgage holder" would actually be the "mortgagor". How you got "on the deed" is unclear, but if you did so at the time the condo was purchased and the mortgage and mortgage note were executed, and if you are not married to the mortgage holder, your only remedy appears to be to sue the "mortgage holder" for what is called "partition" (a court-ordered sale with the parties to receive equitable shares of the net proceeds).

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