Posted on: 05th Jan, 2006 04:39 am
I have a question about my parents property. My parents have lived in their home since August of 1974; now the area is going industrial and all the homes are being bought out by developers. Our parents had their property surveyed in 1990 and it turns out that some of the land which they thought they owned isn't their property. And not only is some of the land not theirs it seems that about 10 feet of their house also sits on this property. As I stated my parents have lived in this house since August 1974 and no one has ever come around claiming to own the patch of land. My parents researched this piece of land and it was sold in 1997. But as I've already stated in the 31 plus years that my parents have lived there no one has ever come around to claim that piece of land. The previous owners had put up a fence around that land as well as the house. My parents have maintained that piece of land as well as a piece in their backyard which according to the surveyor belongs to both my parents and another person who hasn't been around since about 1991.
How can my parents handle this situation as there are people who want to buy their property...but have asked my parents to take money out of their pockets and pay for the pieces of land in question. I would think that if my parents pay someone for these 2 pieces of land, then they have bought that land and it would then become my parents land to sell...am I correct?
Thanks for any info which you can provide.
Manuel (from Florida)
How can my parents handle this situation as there are people who want to buy their property...but have asked my parents to take money out of their pockets and pay for the pieces of land in question. I would think that if my parents pay someone for these 2 pieces of land, then they have bought that land and it would then become my parents land to sell...am I correct?
Thanks for any info which you can provide.
Manuel (from Florida)
Hi kc!
Welcome to forums!
If you walk away from the property and do not pay the mortgage dues, then the property will go into foreclosure. This will badly ruin your credit. In case, if you are unable to pay the deficient amount resulting from the foreclosure sale, the lender will have the right to place a lien on the property at CT.
If the property is foreclosed upon, then the lender will sell off the property. In that case, your brother and sister will lose the property.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
If you walk away from the property and do not pay the mortgage dues, then the property will go into foreclosure. This will badly ruin your credit. In case, if you are unable to pay the deficient amount resulting from the foreclosure sale, the lender will have the right to place a lien on the property at CT.
If the property is foreclosed upon, then the lender will sell off the property. In that case, your brother and sister will lose the property.
Feel free to ask if you have further queries.
Sussane
My mother passed some time ago and I was left with her home in Broward County Florida. I had no intension of living there and so was luck enough to find a renter. This income is sufficient to pay of the mortgage I was forced to take out on the home to pay my mothers debts. Now, the renter isn't paying her rent and I think she moved out on her lease ( I live about 200 miles from the home). I do not have the funds to pay the mortgage, if I let BOA foreclose the home and they sell is for less than the owed amount "Will I be responsible for the unpaid balance?".
can a married spouse buy a house in fl without thier partners conscent
To Bob,
Are you on the loan to the property? If your deceased mother is the only person on the mortgage promissory note, you cannot be held responsible for the default. Thus, if you let the property go into foreclosure and there's a deficiency from the foreclosure sale of the house, the lender cannot come after you to recover the deficient amount.
To Bruce,
As far as I'm aware of, Florida is not a community property state. Thus, both the spouses cannot have an equal undivided interest in the property, unless both of them are on the title. However, Florida divorce laws use equitable distribution to divide properties among spouses. As per the equitable distribution, what percentage of the property each spouse gets depends on his/her financial situation. Thus, I think you always have the right to purchase your own house as your separate property. As long as you're not in a community property state and you have the property solely in your name, your spouse cannot claim any interest in the property. However, it's always good to consult an attorney before making the purchase.
Are you on the loan to the property? If your deceased mother is the only person on the mortgage promissory note, you cannot be held responsible for the default. Thus, if you let the property go into foreclosure and there's a deficiency from the foreclosure sale of the house, the lender cannot come after you to recover the deficient amount.
To Bruce,
As far as I'm aware of, Florida is not a community property state. Thus, both the spouses cannot have an equal undivided interest in the property, unless both of them are on the title. However, Florida divorce laws use equitable distribution to divide properties among spouses. As per the equitable distribution, what percentage of the property each spouse gets depends on his/her financial situation. Thus, I think you always have the right to purchase your own house as your separate property. As long as you're not in a community property state and you have the property solely in your name, your spouse cannot claim any interest in the property. However, it's always good to consult an attorney before making the purchase.
can i move into an abandon home that is in foreclosure with old owners permission and live there till bank takes over?
I was told by my lender, the previous owner, that the mortgage we recorded is "no good". Apparently there is a problem with the way it was written dealing with his trust. I have also been told by an attorney at Legal Aide the same thing. I am in Foreclosure and Im considering using this as a defense. If the mortgage is "no good", then what would happen?
Hi down,
I believe you can move into the abandoned home only if the owner gives you the permission to do so. If the house has not yet been foreclosed, the ownership of the property has not changed. But once the property is foreclosed, the new buyer will have the ownership to the property and you will have to vacate the house as soon as possible.
Hi Derek,
If the mortgage was not recorded properly and has no legal value, you may not be liable to repay it and this could be used as a defense in against the foreclosure. But I am not sure on what ground the mortgage is considered "no good". If indeed there has been certain problems regarding the previous owner's trust which makes the mortgage deed void, the foreclosure could be stopped. However, you need to consult an attorney to know if the mortgage deed is indeed legally void and if there is a way to use this as a means to stop the foreclosure. An attorney would be the best person to help you in this situation.
I believe you can move into the abandoned home only if the owner gives you the permission to do so. If the house has not yet been foreclosed, the ownership of the property has not changed. But once the property is foreclosed, the new buyer will have the ownership to the property and you will have to vacate the house as soon as possible.
Hi Derek,
If the mortgage was not recorded properly and has no legal value, you may not be liable to repay it and this could be used as a defense in against the foreclosure. But I am not sure on what ground the mortgage is considered "no good". If indeed there has been certain problems regarding the previous owner's trust which makes the mortgage deed void, the foreclosure could be stopped. However, you need to consult an attorney to know if the mortgage deed is indeed legally void and if there is a way to use this as a means to stop the foreclosure. An attorney would be the best person to help you in this situation.
my brother and his companion were paying amortgae on a house, his companion had the house in his name and recently passed away, leaving my brother as the executor of his estae. my brother could not afford the mortgage and the bank put the house in foreclosure. my brother walked away from the house, but know has found out that squaters have moved in . (adverse possesion) question, can my brother have them legally removed and move back in and try and work a dal out with the bank?
To mmichell,
Did the bank not foreclose on the property? Is your brother on the title to the house?
Since your brother was the executor of this estate, he does have certain rights to this property and I believe he can have the squatters legally removed from the house. He needs to talk to a real estate attorney to find out how he can remove them from the property.
Did the bank not foreclose on the property? Is your brother on the title to the house?
Since your brother was the executor of this estate, he does have certain rights to this property and I believe he can have the squatters legally removed from the house. He needs to talk to a real estate attorney to find out how he can remove them from the property.
I purchased a residential lot in Pasco County in 2004. I recently had a survey conducted, to sell the property. My neighbor has a fence that is 3.7 feet on my property, however the fence was there when I purchased the property. I suspect the fence has been in place for a long time. what are my options?
Hi Andrew!
Welcome to forums!
Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/adversepossession-lot.html
Take a look at it. I hope it'll help you.
Sussane
Welcome to forums!
Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/adversepossession-lot.html
Take a look at it. I hope it'll help you.
Sussane
Mine and my husbands name are on our homes deed for which i hold in my possession. he has been laid off numerous time this year and even an approved HAMP modification was worst than what he began with . Now he is in danger of foreclose what recourse dose the mortgage company with me ? If any? Will they eventually just make us leave?And why do I have the deed ? Doesn't the mortgage company release that to us after the loan is satisfied?
My parents are in their 80's and have lived in their house over 30 years. Their neighbor confronted them for the first time in the entire time they have lived there that they would have to move trees and shurbs that was next to the neighbors fence and possibly a garage that is 5 feet away from the neighbor's fence. The neighbor is saying that he found out he owns 4 feet of land on the other side of his fence which my parents and he thought belonged to my parents. Now after all these years he wants to move his fence over and claim ownership. Does he have the right to make them move their carport and trees that have been in place all these years. The neighbor put the fence down prior to my parents ever moving next door over 30 years ago.
Welcome melissalynbach,
If the mortgage company forecloses the property, then both of you will have to leave it. If your name is on the mortgage, then it will have a negative impact on your credit report and the lender can come after both of you to recover the deficient amount.
Welcome Mae,
This is really a tough situation. As your parents had maintained the property and have also paid taxes, they can claim adverse possession on that portion of the property. However, I would suggest both of you to contact an attorney and take his opinion in this matter
If the mortgage company forecloses the property, then both of you will have to leave it. If your name is on the mortgage, then it will have a negative impact on your credit report and the lender can come after both of you to recover the deficient amount.
Welcome Mae,
This is really a tough situation. As your parents had maintained the property and have also paid taxes, they can claim adverse possession on that portion of the property. However, I would suggest both of you to contact an attorney and take his opinion in this matter
Can I file for adverse possession if I've been living in my parents house for over ten years paying taxes and doing all the up keep on the property. because now my father wants to put me out of the house.