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Problem w/Deed & Probate

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Old May 7th, 2007, 01:38 PM     #1
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Default Problem w/Deed & Probate

My mother passed away in 1994, leaving a mobile home & lot to us three kids. My brother lived in the MH rent free but died a year later. Now my sister & I want to see this property. I was named executer in moms will. (I filed the will at the courthouse, but was told that I did not need to Probate her estate since under $50,000) I went to the Tax Office and they removed the Homestead exemption and had the tax bills forwarded to my home address.(This is all in the State of Florida). Now that we have a buyer, the title Insurance company says that since everything is still in moms name I have a problem. To start with the Warrenty Deed was never recorded. (I have the original - signed by all parties & notarized. Problem is all but the notary have passed, & to make things worse, it appears the notary was the daughter of the developer. So they are saying that the deed is not valid. What are my options? The daughter is the PR of her parents estate (Probate closed). I contacted an attorney and said that I would have to Probate moms estate and also open up the probate on the developers estate. All at my cost. (upwards of over $4,000 - selling property for only $30,000). What are my options, any help would be much appreciated.
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Old May 8th, 2007, 09:41 AM     #2
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Default Re: Problem w/Deed & Probate

The title company can review that status and see what needs to be cleaned up. If need be you can go in front of a judge and get orders that put title in good order as it was meant to be.
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