Real Estate Law
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Father has never demanded payment. The mortgage says "Mortgage Deed." The title is in the father's name.
Is there any amount of time which can pass so that the daughter would have claim to the property under Florida law? She has always paid all taxes and insurance for the property.
Basically what occur is that there is a statute of limitations on the period of time within which a lender (Father) can bring a foreclosure action. The period of time in Florida is limited to 5 years from the date of default. As you stated the mortgage has been in default since 2000 so the 5 years has passed. As far as changing the title into the daughter's name this would involve a court order. This would not be adverse possession as the daughter has the father's permission to live in the property.
Would the father willingly transfer title?
Would the father willingly transfer title? No.
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