Under Florida probate law, as the owner of the note and mortgage of the deceased homeowner you are considered a priority creditor of their probate estate. I recommend that you review the terms of your note and mortgage to determine whether the mortage is considered in default after the death of the homeowner. You will then want to notify the dececent's child of the outstanding loan obligations and find out whether a probate case has been filed. In many cases, the deceased homeowner will purchase life insurance to pay off the debt owed on their principal residence. If there is no life insurance available and the child cannot afford the mortgage, you may have to file a foreclosure case against the estate. I recommend that you seek the advice of a probate attorney to review the terms of the mortgage and to assist you in filing your claim in the probate estate.
Answered on Dec 15th, 2013 at 3:45 PM