[TAZENA]

My father passed away 11 years ago. I have occupied the property since its original purchase. My father expressed to me that he was purchasing the house for me and my children so that we would have stability. My father and I looked at houses together and the house I now occupy is the one I chose. After my father's death, my brother took possession of the contents of my father's safety deposit box, his savings/checking account, and items my father owned. He has squandered the monies or no longer has the property. He now wants to claim an interest in the house that I have occupied for 19 years. The deed my father signed to give me ownership of the house was cancelled because the courts said the deed was executed improperly. The county is now propsing to increase my property taxes by $1100 per year. Can I claim adverse possession on the property? If so, what document or documents would I file with the court to do so?

[N0help4u]

Even if you did one of the requirements is that you keep up the taxes ON the property so what do you hope to accomplish?
What is their LEGAL explanation for raising the taxes?

[TAZENA]

I have been paying the taxes on the property since the death of my father. The county says that I no longer own the property so I cannot claim homestead exemption.

[twinkiedooter]

Depends where you live, NoHelp. I'll bet it's because dad was over 65 and had some sort of homestead exemption that would not apply to his daughter as she is not over 65. In Ohio once I hit 65 my taxes are greatly reduced by homestead exemption to the tune of $25,000 off the property's assessed value making my taxes practically nothing in comparison to what I've been paying.

[N0help4u]

Okay I thought that she meant that after her dad's death they wanted one amount and then another now because they were saying she wasn't entitled to live there or something just to discourage her to leave.

[TAZENA]

My dad was over age 65. However, before the quit claim deed was cancelled, I took out a mortgage on the home. Can the fact that I have the mortgage on the home qualify me to claim homestead exemption. The property is located in Florida.

[TAZENA]

Before the quit claim deed was cancelled, I took out a mortgage on the home. Can the fact that I have the mortgage on the home or the fact that I have been living in the house and paying the property taxes since my father's death allow me to qualify for homestead exemption? The property is located in Florida.

[N0help4u]

Scott or twinkle hopefully will see your question soon. I don't know when it is to this point since you have a mortgage. What did they say about you having a mortgage?

[LisaB4657]

You can't file for adverse possession since you don't fulfill the requirements. Since you are not a valid owner of the property you won't qualify for homestead exemption.

You can file an action to quiet title but there's a chance that your brother may be entitled to a percentage of ownership. I suggest that you see a probate/real estate attorney asap.

[N0help4u]

I think right now she wants to know the best course of action because she can't get adverse possession and she has a mortgage.

[LisaB4657]

I think right now she wants to know the best course of action because she can't get adverse possession and she has a mortgage.

The best course of action is to see an attorney and file an action to quiet title.