Posted on: 15th May, 2008 07:28 pm
Hello, My mother died and left a house in Florida, 50% to me and 50% to my brother, who is now currently deported. My dad(who was never married to my mother is currently paying the mortgage). I QUIT CLAIMED THE PROPERTY TO MY DAD, but I do not believe it was recorded, because the Property Appraisals office is showing my brothers and I as owners. I want to sell, but I cannot find my brother at all. Questions are - Can I sell the property without my brother since he is no where to be found and not in the country? And, Since my dad is on the mortgage loan, does he have a say?
Hello BRONX,
Welcome to the Community.
I feel you cannot sell the property without your brother's consent as you are not the sole owner of the property. You need your brother's confirmation to sell the property.
Who is on the mortgage? Your father is paying the mortgage but is the mortgage also on his name? I doubt it because your father is not the owner of the property. So lenders would not approve for the mortgage.
Welcome to the Community.
I feel you cannot sell the property without your brother's consent as you are not the sole owner of the property. You need your brother's confirmation to sell the property.
Who is on the mortgage? Your father is paying the mortgage but is the mortgage also on his name? I doubt it because your father is not the owner of the property. So lenders would not approve for the mortgage.
Welcome Bronx,
I have a couple questions, well 3...
I have a couple questions, well 3...
- Does the deed show you & your brother holding title as joint tenants ?
Or does it show you & your brother as holding title as tenants in common?
Your Dad's name is on the loan but not on title?
You quitclaimed your property interest, so you have nothing to sell. Recording the deed is not required.
