Can a house be sold in FL without paying off a mortgage if held by an individual, not a bank?
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Can a house be sold in FL without paying off a mortgage if held by an individual, not a bank?
My dad owns the mortgage on a house, but my brother has the deed. My brother
has past away. Can his daughter sell the house without paying my Dad? New Link Destination
complicate things, my Dad and brother are Jr, and Sr.
Asked on August 14, 2017 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, the real estate may not be sold without paying off the mortgage. That is becasue clean, marketable title can only be provided if the mortgage is paid off no later than during closing (i.e. with the money paid for the home).
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