If the deed states, for example, Joe Smith and Mary Smith, husband and wife, or tenants by the entireties or joint tenants with rights of survivorship, then your deceased husband's ownership automatically passed to you at the time of his death and you can sell by recording the death certificate (and possibly an affidavit of continuous marriage) with the deed from you to the buyers. If the deed reads "tenants in common" then his interest will not pass automatically and his estate may have to be...
By the sound of it this was a small claims case with a non-lawyer mediator. Although in certain limited circumstances you could petition the court to set aside the mediated settlement agreement, the clost of hiring an attorney (I assume you did not have one at mediation) would exceed the money you MIGHT recover. Move on and let it go. At least you got $1,500 and are done with it.
That is my understanding as well, the amount of the deposit is negotiable. It would be typical that the balance is due upon completion. Be sure to verify the license, insurance and have a written agreement. You may also wish to check for claims against this contractor in the county court records before obligating yourself. Finally, always get a couple bids to compare.
Assuming that your cousin died leaving a will to direct his estate's personal representative, that will should have been filed of record in the probate case and you should be able to obtain a copy in order to confirm whether you are a beneficiary. Contact the Clerk of Court for the county where your deceased cousin resided for instructions on how to obtain a copy of that will and the contact info for the attorney representing the personal representative.
As Mr. Gallo stated, merely quit-claiming the home to your "ex" will not remove you from the deed or note. If your divorce decree required your ex to refinance, then that agreement may be enforceable by the court. As long as you remain on the note, you are jointly responsible with your ex for the loan. See a real estate attorney (such as Hagen Law Firm here in Fort Myers) or a family law attorney right away for advice on resolvinge this impasse.
Yes, pursuant to 689.071 (see attached link) a trustee must be named. Land trusts were once the "go to" form of ownership for group real estate purchases because they provided a cloak of anonymity to the beneficiaries and limited their liability to their investment in the property. Now, for every land trust we form we form ten LLCs. They accomplish the same objectives as the land trust.
Mssrs. Deason and Coenson are correct. To further elaborate beyond the scope of your question, this would be the appropriate time to review and reevaluate with a real estate attorney the ownership scenario as to this home. Did your mother's share pass to the other two owners by operation of law or is it now in her estate? If it is in the estate, was it her homestaed? What was and is the role of the "co-signer" and would this be the time to buy that individual out or to sell the home? Hagen Law...
You may have an extended period of time before the first mortgage holder refiles a foreclosure action and even when they do you very well may have in excess of a year thereafter especially if you retain a good foreclosure defense attorney. Above all, do not ignore a summons and complaint if you are served.
The Hagen Law Firm has been very involved in tax deed buyer representation and the subsequent Circuit Court quiet title actions since 2004. If you are not experienced in these investments a good place to start is with a one hour consultation as to the ins and outs of the tax deed process. Tax deeds can be a good opportunity for a patient and careful investor. Check out our website at MikeHagen.com. Thank you.