Can the Personal Representative of the Estate Foreclose a Mortgage of the Decedent in West Palm Beach?

What do mortgages have to do with Florida probate litigation?  Florida trust lawyers know that sometimes property is subject to multiple mortgages. What do estate lawyers in Florida do when multiple lenders want property that is the subject of an inheritance dispute? Check out this recent case from the Third District Court of Appeal in Miami. 

Multiple Mortgages

• Probate litigation attorneys know that one of the most common types of inheritance are those related to real property i.e. land.
• Land is also frequently the subject of mortgages.
• Florida probate lawyers know to be wary of mortgages and loans because these are still due regardless of the death of a party.
• Failure to timely pay could turn your Florida probate lawyer into a foreclosure defense lawyer.
• Also if you plan on foreclosing on loans as part of your estate proceedings make sure to look out for multiple mortgages.
• Do you know what to do if property is subject to multiple mortgages?
• Do you have to file a claim against all the other creditors?
• This recent case out of Miami explains just what a Florida probate lawyer has to do when there are multiple mortgages at issue.

Thriving Investments, LLC v. Chao

• This was an appeal from a foreclosure.
• The interesting part was that the appeal is done by a third party related to a different mortgage.
• Probate attorneys Florida know that it is crucial to understand all the liens on file with a particular piece of property.
• Failure to do so could spell disaster on appeal, and needless expense in the probate court.
• The other creditors deserve a chance to lay their claim to part of a foreclosure sale proceeds after all.
• How can you find out if there are other mortgages you have to be concerned about?
• How do you find out what is really owed?
• You can always start by looking at the County public records where you are located.
• A lot of times these are available online too.

Want to learn more?

Check out this entire case by clicking here.

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