D
danitownsend
Guest
My father died 9 years ago and my stepmother retained a life estate interest in his property with my brother and I retaining a future interest as remaindermen. There was a $70,000 mortgage on the house (which appraised at $120,000 at the time of my dad's death). My brother and I were served approximately one week ago with a summons stating that the mortgage payment hadn't been made in almost 6 months and the home is going to foreclosure. My stepmother has no intention of paying the payments and is letting it go to foreclosure. My brother and I have limited income and financial resources. FL currently has no case law were the life tenant was ejected because of nonpayment of a mortgage, and the only remedy is to make the payments ourselve (which would be very difficult on our limited military incomes) and sue her every month when the payment comes due. I am looking for case law in other states where the life tenant was ejected for any reason, especially because of waste to the property or nonpayment. The property has SIGNIFICANT sentimental value - it has been in our family since February of 1944. We just want to save our property - whether that means making her pay the payments or having her ejected!!! This case would set a precident in the state of FL if we could have her removed!!! HELP!!!!