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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55715
Experience:  29 years of experience practicing law, including tax and estate planning.
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I have a home in Palm Coast, FL Flagler County. It is my

Customer Question

I have a home in Palm Coast, FL Flagler County. It is my primary residence. my daughter and her husband also live there as their primary residence. Neither is on the loan for the mortgage. However, my daughter is on the Trustee's deed. If she were to pass away, would my son in law have any rights to my home? Also, if either was to be sued by a creditor or file bankruptcy, could a lien be put on my home? I just want to protect my home as I live on my social security benefits. Should I have my home in some kind of trust?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi there. My name is ***** ***** I look forward to helping you this evening. You are the only person on the actual title, is that correct? Thanks.
Customer: replied 2 years ago.
i believe so - where would i look to verify that? There are so many pages....
Expert:  Richard replied 2 years ago.
Good morning. There would be one document that would be titled "Deed" or "Warranty Deed." It would not be the Deed of Trust as that's simply the document that gives the bank a lien on the property to secure their loan. The Deed or Warranty Deed should only be a page or two long.
Customer: replied 2 years ago.
I have nothing that says Deed or warranty deed. The mortgage is with BB&T. I just talked to BB&T and they said there is no actual deed . there is just the trustee deed and BB&T is the lien holder.
Expert:  Richard replied 2 years ago.
What you are looking at are the loan documents. What you need to look at is the document that you received when you bought the property; the one transferring title to you.
Customer: replied 2 years ago.
Nope...nothing. Is it possible they wouldnt have given me a copy because the bank has the title/deed? Would I obtain a copy from the bank or the closing place?
Expert:  Richard replied 2 years ago.
The deed would be recorded in the real property records of the city/county in which your property is located. You can get a copy from the real property records clerk at the county courthouse. Or, for a minimal fee, any title company will get you a copy.
Customer: replied 2 years ago.
Is a closing company and title company the same thing?
So if her name is ***** ***** the title/deed, then none of her creditors could attach a lien but if it is on there, then they could
Expert:  Richard replied 2 years ago.
Yes...they are the same. If her name is ***** ***** the deed, you need not worry at all. Her creditors would have absolutely no claim against your property. :)
Customer: replied 2 years ago.
if it is, then is it fairly simple to have her name removed?
Expert:  Richard replied 2 years ago.
It is as long as she is willing to sign a quit claim deed transferring her interest to you. You would not be able to do this unilaterally without her consent unfortunately.