Orange Park, FL asked in Foreclosure and Real Estate Law for Florida

Q: husband deceased. Parents trying to foreclose my house. I was never informed of a mortgage. Told home was paid for. HELP

was only ever told "if you sell the home we get what we paid for it" by his parents. Now they are coming after me for late fees and interest from a home purchased before we met back in 2010. Met late husband in 2016 and was married oct 2019. I feel I was deceived and made to sign probate papers unaware of a mortgage owed must less years behind. How is this legal? Shouldnt I had been informed of mortgage by them or at probate??

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1 Lawyer Answer
James Clifton
PREMIUM
Answered

A: The mortgage holder is a secured creditor. They have the ability to foreclose on a house for the unpaid balance regardless of whether they have made a claim as a creditor in the probate. All hope is not lost though. There are still many options you can explore to fix your problem - refinance, sell the house and cash in your equity, modify the loan, file an answer with defenses to make sure you have time to make alternative living arrangements. Schedule a free consultation to make sure you explore all of your options.

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