Probate +Pre Foreclosure

[Jacopo Iasiello]

Probate +Pre Foreclosure . We have the as-is purchase contract with the supposedly only heir of this property where we are doing the probate process, the problem is that the property has a lis pendens as of June 9 2023 from the association for the amount of $7636.65. In order for the property not to go into foreclosure the amount due must be paid which the heir does not have. We need to pay it and discount it from the purchase price at closing, my question for you is how can we protect ourselves in the case that the heir no longer wants to sell to us, how can we enforce it? by lending him money as a mortgage loan? this is the only property he will own once the probate has been processed, Is there a document that we can create giving me the right to place a lien on the property?

[David Wurzel]

Quote from @Account Closed:

Quote from @Jacopo Iasiello:

Thanks Mark for your reply : Here the points 1)I have commissioned attorney to open probate, 2)I have a sales contract 3)another point the purchase agreement provides that the date of sale of the heir's property will take place at the time of the closing of the probate and that all debt and lawyer expenses will be deducted from the purchase agreement 4)I know he is the sole heir through the lawyer 5)the title is clean it has no other creditors (banks or etc) only HOA 6)Florida state palm beach county my question is : if I lend the money to whoever inherited the house (but who is not currently the owner yet, because there is a probate process in progress and he has no other houses or assets) to close the debt with association, (paying directly association) how can I make sure that in the event of a change of mind on the part of the inheriting , I am protected and I do not lose the money lent to close the association debt ?Should I register in probate as a creditor?

How can you have a sales contract with someone who is not legally able to sell the propertY? I'm a little confused.

In such cases, Florida law provides that the personal representative may sell the real property at public or private sale. Also, Florida Statutes §733.613, “no title shall pass until the court authorizes or confirms the sale.