Property Sold Our Without Owners Knowledge In Florida
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Florida, as with most other states, prohibits the removal of a co-owner from the title of real property without their consent. Altering property deeds must be done with the approval of all co-owners to allow for transparency and avoid fraud and must be permissible by law.
Deed and mortgage are not mutually bound. You have no power to evict anyone---only a court can evict and an owner cannot be evicted.
You can't just take someone off a deed. If they are on the deed, they need to sign the deed, also. You can't do it without their knowledge. Was it part of your divorce agreement that you were supposed to get the house? If so, you could ask him to sign over the house, or you could ask a court to order that he do so.
Homeowners may provide official documentation such as: The original deed or deed of trust to the property. A mortgage statement or escrow analysis. Property tax receipt or property tax bill.
To remove someone's name from a property deed, you must file a new deed transferring their interest. The simplest approach is having them sign a quitclaim deed releasing rights to you. If uncooperative, an attorney can help file suit to force transfer or clear a deceased ex-spouse's name.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
In most cases, it is not possible for someone to sell your house without your knowledge or consent, especially if they do not have a power of attorney. A power of attorney is a legal document that grants someone the authority to act on your behalf, and it can include the power to sell your property.
FAQs: How Long Are You Liable After Selling a House in Florida? QuestionAnswer How long can a buyer bring a lawsuit for undisclosed defects? Generally, up to four years for fraud or misrepresentation and up to five years for breach of contract.3 more rows •
If they have a power of attorney from the owner to sell the property that would be fine. If they sell the property without any legal authority to do so this would be fraud.
