How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31024
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

My boyfriend of 12 years died in 2010. We have a son

Customer Question

My boyfriend of 12 years died in 2010. We have a son together. We resided together. I wasn't on the mortgage and I didn't have the money to assume the mortgage so we had to vacate. The Realtor gave me 'cash for keys'. I have recently discovered that the house is now listed with the State of Florida as 'unclaimed property'. How is this possible with a mortgage on it? Wouldn't the mortgage holder send it to foreclosure and take possession? Can I claim the property on behalf of my minor son?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

It's hard to say exactly what the status of the property is without checking the land records.......but it is possible that the lender hasn't foreclosed on the property yet (under Florida foreclosure law, the statute of limitations for a bank to file foreclosure is 5 years. Florida Statute 95.11).

Expert:  Roger replied 1 year ago.

So, it could be possible that this property has escheated to the state as unclaimed.......but the lender's lien would still be intact/enforceable so long as the statute of limitations hasn't expired.