All Forum Posts by: Michelle Sadler

Thank you Wayne, yes, your comment makes complete sense. 

Grandpa is a creditor. Researching this as seems conflict. Cannot afford specialised attorney. But agree 100%, attorney needed.

Thank you Dion. Very close observation. 

Son and second wife own land/property.

1994 they both borrow from his father. His Father is listed as trust on note and deed.

1996 son passes. Wife has right of survivorship as tenants in common. (50%) Passing son 50% goes to his first born 25% and second born 25%.

2011 Wife passes. Second son lives on property and is heir to grandpa's companies and trusts.

Sept 2015. Both grandson's served summons to foreclose from grandpa. Second grandson defaults with no answer as he knows will come full circle. Nobody wants first son involved.

First son is questioning validity of note and deed as was never known to exist. When first son's father passed in 1996 Personal Representative of probate was grandpa. Grandpa did not list 'debt' in inventory or file any claim in probate. First wife has claim in probate for child support arrears. Yes, 1996 probate case is still open.

Validity of note and deed is questionable as not worded, signed etc as one is use to identifying legal documents. i.e. notary of documents is also a signed witness. Grandpa also signed witness of documents.

State of FL has 20 year statute to collect real property debt, however, it really is of no defense until after loan maturity date.

No, the grandpa never demanded payment. No one knew debt existed. Summons even states that he never requested payment. Summons is the amount borrowed in June 1994 plus interest thru today at 6.75%.

First son wants home as his father built with own hands. It is custom like no other. First son did not get any items belonging to his father. All assets were disposed between grandpa and second wife prior to open of probate one month after death. (Emotion has no hold in court, so fighting summons)

Thank you gentlemen for your opinions. Mr. Terry is correct. Consultation with attorney could be best decision, however, have done so with two attorneys to no avail. Viewed documents and thought a 'mess' to clean up. Too expensive to hire for 'clean up'. They were actually stumped. Sorry Mr. Wayne, I notice that you are an investor/Agent? If real estate is your forte then clear title is of utmost. Yes, probate can be related to a foreclosure. By Florida law, all debt, assets etc have to be listed either in 'inventory' or stated as a claim on estate in probate. This process can be called 'Letters of Administration'. However, this foreclosure debt was 'hidden' in trustee's trust away from heirs and was not listed. Twenty (20) year statute has exhausted, but plaintiff can re-file with different date in 'normal' foreclosures. Problem with the probate was conflict of interest. Personal Representative cannot hold any influence in the probate. He is Trustee of Trust and took an oath before the judge.

Grandfather owns trust, is trustee and beneficiary of trust. Grandfather loan son and daughter-in-law cash June 1994. Security for cash loan was Deed to land. July 1996, son passes. Daughter-in-law had right of survivor ship as we're tenants in common. Fee simple first money mortgage in trust.  Suvived by two half brothers (minor 1996) Deseased first wife placed a claim in estate probate for child support arrears for first born son/heir. Grandfather, (Personal Representatie of son's probate) never listed cash debt for land/non homestead property to protehct security. Probate is still open due to arrears claim, unpaid. August 2011 daughter-in-law passes. Second born heir is living at property. Second grandson is heir to all Grandfather trusts and companies. Sept 2015, both grandsons were served foreclosure summons from grandfather stating amount borrowed in June 1994 through today Sept 2015 plus high interest. Second born defaulted, no responses, as technically heir. First born is defending pro se, specialized lawyer very pricey, but are worth the experience. First born filed Affirmative Defense. Part of content is grandfather mis representing probate debt and assets. 20 yr statute expired, but know he would re-file, different date. Can first born win case evidence of probate proceedings. Plus Deed witness is grandfather and notary. I do not think that is legal as witness signature found a spot to sign. Help, my son wants father custom made home.   Opinions appreciated. Thank you.