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Roger, Attorney
Category: Legal
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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: 2 years ago.
Category: Legal
Expert:  Roger replied 2 years 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 2 years 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.