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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16264
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I'm in the process of selling a Mobile Home in Pinellas Park

Customer Question

I'm in the process of selling a Mobile Home in Pinellas Park that I have owned and paid for since 1981. There is no mortgage on it. I bought it for my parents who passed away in 1985 and 1989. My older sister, who had a Soc Sec qualifying lived there until her death in 2012. When my dad passed in 1989 he left his deed share to my younger brother in order to protect my sister's ability to live there incase something happened to me. My brother never paid anything towards the place and in 2004 he told me he wanted to turn his part of the ownership to me recognizing that there were responsibilities to that ownership. He signed a deed over to me. within a few mnths he and his wife a=had to give up their home, he was on Soc SEC disability and hadn't worked for years . She was working but not making much money.
I hadn't recorded the deed as yet since I went home to Massachusetts and I suggested that they move into the 2 bdrm Mobile Home. They did in 2005 and I allowed them to live there rent free to me, until April 19, 2014 when they qualified for a Senior Citizens apartment and moved out leaving the home in serious need of repair and upgrading.
I put it on the market, as is, for less than the cost of a share in the park which I was told was $40,000. I had paid $15,000 for the share in the 1980s. It didn't sell because of the poor condition so my oldest daughter and I spent about $20,000 in repairs and upgrades from April 2015 to July 2015 and I put it back on the market. When I told my brother that we were going to do that work his wife sent me an email saying "don't think you're going to charge your vacation against the sale of the house." They had been told by the realtor that since they were still on the deed that they would get a check for 50% of the sale price.
This set off a series of back and forth emails in which I asked what they were thinking since they had lived rent free for 9 years there and moved out of there own accord leaving the place in terrible condition. I told the wife that my Brother had signed over a deed to me in 2004 admitting that he hadn't contributed anything towards the home. Although ,at that point I didn't even remember where that deed was, I was just trying to make the point that her husband, my brother, Tom knew that and knew that I didn't record it so hat they could live there (Renting is not allowed in the Park). Assuming I was going to record the deed his wife emailed me saying so hat your plan , you can go to hell, in so many words.
Now I have a sale after 2 years scheduled to close Monday April 25th and the Title insurer tells me that the deed I recorded in April 2015 is no good because the wife didn't sign off on it and under Florida law, even though she's not on the and never was that she has the rights of ownership And this has something to do to with the Florida Homestead law???
About 90% of he proceeds of the sale is to repay a loan that I needed to take out from a friend for which has been paid down to $14,500 to repair my home in Massachusetts in order to get it reinsured; $11,500 to 2 of my 3 daughters who helped us pay our mortgage last year and almost $20,000 to my oldest daughter for loaning me the money for the repairs last year.
I am going to lose the sale, which is the only offer in 2 years. is there anything that I can do to remedy this situation.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 6 months ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.Is your brother's wife still alive?Were you advised by the title company as to what options you have at this point to complete the salE?
Customer: replied 6 months ago.
Yes, she is alive. they say that he has to sign off on a deed and that my deed signed my brother in 2004 and not recorded so that they could live there, is not good! I have no Florida attorney. I live in Massachusetts. Looking on line for an attorney in Florida who has this type of expertise has bee futile. This is an urgent matter since I may lose the sale. My brother and his wife are opportunists.
Customer: replied 6 months ago.
That she has to sign of on a new deed!~
Customer: replied 6 months ago.
Expert:  Alex Esquire replied 6 months ago.
Thank you for your follow up.Unfortunately, generally, the only way to resolve the situation, would be to have the brother and his wife both execute the new deed and then to have the deed recorded as soon as possible.I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.I wish you the best of luck and God bless you!
Expert:  Alex Esquire replied 6 months ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.
Customer: replied 6 months ago.
that you can't give specific advice on the subject and that I would need to find a local attorney. The matter has been settled since they signed off on the deed, I believe since not doing so would have meant that they might jeopardize their right to live in a subsidized Senior Citizen apartment complex if they actually owned that asset.
Expert:  Alex Esquire replied 6 months ago.
Thank you for your follow up.Did both brother and his wife sign a new deed?

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