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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7228
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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If a Mortgagor(Father) has never received ANY payment from

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If a Mortgagor(Father) has never received ANY payment from Mortgagee(daughter) since mortgage was executed in Dec 2000 and Mortgagee has continued occupancy the entire time does the Mortgagee(occupant) have any rights to ownership of the house?
Thank you.
Welcome and thank you for your question. I will be the professional that will be assisting you.

It depends what the mortgage documents state. It may be possible that the time to foreclose has past.

Has the Father ever made a demand for payment? Is the mortgage recorded as a lien against the property? Is the title in the daughter's name?
Customer: replied 4 years ago.

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?

Customer: replied 4 years ago.

Would the father willingly transfer title? No.

The daughter does not have an adverse possession claim as the father originally permitted the use of the property and does not seem to be challenging the mortgage.

The daughter would need to file an action to quiet title to have court place the property in her name free and clear of any liens.

The period to file a foreclosure has passed and a quiet title would be the way to resolve the title. This is a link for information on filing a quite title action

Please feel free to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
Attyadvisor and 5 other Real Estate Law Specialists are ready to help you
Thank you.