[FL] How do I correct a deed for a portion of land after my father’s death when there is no separate deed for that particular portion?

Lexi, Chatbot

I understand that dealing with property issues, especially in the context of foreclosure, can be quite stressful. Can you please confirm if the Quick Deed Claim has already been filed or is it still in draft form?

Lexi, Chatbot

Have you already obtained the necessary documentation regarding your father's passing, such as the death certificate and any probate information?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. Has the property gone through any probate process since your father passed in 2020, or has his estate never been formally administered?

Legal Eagle

Has the property ever been legally subdivided, or has it always been treated informally as separate lots within the original 5.5-acre parcel?

So I haven't heard back from you in a while, which is no big deal! Without the information I asked for in my request, I can only give you this general answer:

Legal Eagle

Your father's share of the property likely passed to your mother by operation of law if they held title as tenants by the entirety or joint tenants with right of survivorship, which is common for married couples in Florida, but you need to confirm how title was held on the original 1976 deed before moving forward. (FL Stat § 689.15)

Since there is no separate deed for Lot C, a survey is the right step to legally describe and separate that portion from the original 5.5-acre parcel so it can be properly conveyed. The quitclaim deed cannot be completed or recorded without a valid legal description, and the survey will provide that. (FL Stat § 689.025)

With the foreclosure active, contact the lender or servicer in writing to notify them that an ownership correction is in progress and ask whether they will pause any sale date while title is being resolved. Pull the original 1976 deed from Hillsborough County records to confirm how your parents held title, then hire a licensed Florida surveyor to produce a legal description for Lot C so the deed can be completed correctly.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.