Ask Me Help Desk - Deeded property

My mother passed away in June 08 in Florida. Right before she died she had an attorney due up a deeded property for her condo giving it to me, my brother and 2 sisters. My mother and I did not get along so I knew very little about this. She lived in a retirement comminity where you had to be 55 or older to live. Myself and My brother and sisters are not close to 55. She owed a lot more than the condo is worth. No one is on the mortgage but my mother. No one signed any papers. The condo is in foreclosure and the mortgage company is trying to go after us for the payments. My family wants nothing top do with the condo. My mother did not have a will. My brother and 2 sisters were served with papers saying we have to pay the mortgage.

Can they put a judgement against us. I was not served with papers but and on there as a defendant. If I did not want or sign anything am I liable for the property. What are my options.

My mother died and upon her death she had her condo quick deeded to her 4 children. The condo is in foreclosure. Are we responsible for the property if we did not sign anything " morgage or any papers". Everything is is my mothers name. We are being sued by the mortgage company for payment. Do we have any options. She had no will or belongings. We new nothing about this till a week ago.

My mother died and upon her death she had her condo quick deeded to her 4 children. The condo is in foreclosure. We want no part of the Condo. It is in a retirement community in Florida and we are not 55 or older. We did not ask for or wanted it. Are we responsible for the property if we did not sign anything " morgage or any other papers". This was her doing. In the hospital before she died. Everything is is my mothers name. We are being sued by the mortgage company for payment. Do we have any options. She had no will or belongings. Do we have rights to refuse the quick claim deed? We new nothing about this till a week ago.

Hello g:

Why would you think you'd be able to keep the condo when it wasn't paid for?

IF the bank lets you keep it, and it looks like they're going to, you're going to have to pay for it. You don't think you should, huh? Ok.

excon

Ok, what happened at Probate court ? The property could not be "quitclaimed" without the court approving it. *** unless she signed the papers before she died**

If the property was not deeded over but still in the estate, only the estate would owe the money, but if the heirs took the property and deeded it into their names, they are now liable for the debt also.

Please stop asking the same question over and over, If you have more info to add , do it as a answer to this thread. These do not work as blogs.

I have merged all of your questions into one.

You need to take the deed to a real estate attorney, was the deed ever filed at the court house

Quote:

Originally Posted by excon

Hello g:

Why would you think you'd be able to keep the condo when it wasn't paid for?

IF the bank lets you keep it, and it looks like they're going to, you're going to have to pay for it. You don't think you should, huh? Ok.

excon

I was going to give you a greenie but I'm all out of greenies and so I will commend you on your particularly clausable post, even though I realize you are basically uninterested in real estate law.

Quote:

Originally Posted by JazzyJx2

We are, unfortunately, responsible for our deceased parents debts...to a degree. If your mothers estate (stuff that she claimed as hers)had no will, it is in 'probate', or handled by the state for distribution and liquidation of assets for, first of all TAXES made from the sale of personal belongings, real estate (if any,) burial and final outstanding debts. Any bank accounts, investments ect, will finally be put in the bank as 'escrowed' (third party uninterested holding place), as a 'trust' in your mother's and or the executor of her estate (person(s) appointed to take care of the selling, collecting all these monies for taxation and paying the debts....If there isn't enough, then this is 'insubordination', meaning there (after taxes) is someone going to be left holding the bag. (not getting their share) in this case the condo peeps.

They can try to come after you, and probably will....but the attorney you hire will take care of all/most of it, proving the estate depleted, you and your siblings indigent, (if you are), hence it becomes a loss for the mortgage holder of the condo when they foreclose, they may offer it to you at cost (payoff) instead of what its really worth.....but in these times, it'll just be another 'white elephant'. Useless money eater.

There really is sooooooo much more to this. So many ways to resolvve it.....but i'm just generalizing one scenario. Vaguely at that....I'm tired. bbl

This is not a message board - this is a site for people seeking legal advice. You are INCORRECT. People are NOT responsible for the debts of their deceased parents UNLESS they are co-debtors. You have seriously misinformed the OP.

You can use - and misuse - all the legal terms in the World (to say nothing of mangling the English language) but your advice is incorrect. Throwing "hence" into your advice does not raise it to the level of substantial legal advice.

I realize you have a problem with the Board - as witnessed by your "reddie" to me and FrChuck, both which make no sense - but this is neither a discussion board nor a message board and you consistently give inaccurate quasi-legal advice phrased in terms which no one can understand as witnessed by your use of the words (?) insubordination, uninterested and clausative.

This is most definitely NOT some discussion site at the NY Times.

Getting back to the OP's question. The key here is what other assets your mother had. Because if she had any, then those assets need to be used to pay her debts first.

But her deeding the property to you does not make you responsible for the mortgage.

The property is collateral for the loan and can be foreclosed on. Its possible that the foreclosure might be listed on your credit report because you are listed as the current owners, but you may be able to fight that.

Let the lender sue you. Since you weren't a party to the loan that suit should be thrown out.

P.S. I have to slightly disagree with Judy here. Jazzy's comments were partially correct, but poorly worded. The gist of the comment was that the estate is responsible for the debts of the deceased and that's correct. But the heirs are in NO way responsible for the debts. They are only responsible for the proper disposition of the estate.

Quote:

Originally Posted by JazzyJx2

I can and do give correct advice, according the the state of Indiana and I will do IT in any sloppy manner and with any sloppy wording I wish,....

I've removed your post since it was almost totally in violation of the rules of this site. But I did want to comment on this one part.

Whether you do give correct advice is open to question (some of what I've read has been incorrect), but if you do give correct advice but word it sloppily, then the advice may be misconstrued and that's just as bad as giving incorrect advice.

We pride ourselves on the quality of advice given here. The people who spend their down time here to help others are concerned with the site's reputation not their own. Advice that is delivered in a sloppy manner will be corrected and commented on.

Quote:

Originally Posted by ScottGem

P.S. I have to slightly disagree with Judy here. Jazzy's comments were partially correct, but poorly worded. The gist of the comment was that the estate is responsible for the debts of the deceased and that's correct. But the heirs are in NO way responsible for the debts. they are only responsible for the proper disposition of the estate.

I agree with Scott and perhaps I should have been more clear.

No question that the ESTATE is responsible for the decedent's debts. Were there no debts the entire estate would go to the heirs. If there are debts the heirs' inheritance is reduced by that amount.

If you inherit "property" - real estate, an automobile - with a lien against it (mortage, car note) you can either take the inheritance and pay off the note OR not take the inheritance and let the lien holder worry about it. The heirs do not automatically become responsible for the debt.

This is another example of quit claim deeds which are questioned on this board all the time - if you are involved in a quit claim (or any other type of deed) on a property which is not free and clear and is encumbered by a mortgage or loan and DON'T notify the bank all sorts of problems can occur. If the mother in this case had ASKED the children - or particularly the OP - and notified the bank, things would undoubtedly be different now.

Quote:

Originally Posted by JazzyJx2

gecohen, please contact an attorney of your own....you are dealing with a bunch of 'posers' and wannabe's.....

How extremely causative of you.

[QUOTE=...Comments on this post
excon agrees: Still waiting for you to eat me alive.... but you ain't gonna do it with vague, general and tired legal information..... You're actually kinda silly.[/QUOTE]

Actually I'm kind of looking forward to this -