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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default Being Sued As an Heir in Foreclosure Court

    My question involves estate proceedings in the state of: FL

    My wife was served a summons two days ago indicating that a lawsuit has been filed against her in circuit court.

    Her mother died last year and the only estate she had was a home with a mortgage. My wife and her brother are the only heirs to the estate and neither wanted to assume the home or the mortage and as such did not probate the will. The mortgage company was notified of the death and provided a copy of the death certificate.

    A year later (two days ago) my wife is served a summons indicating she has 20 calendar day to file a written response to the complaint. If she doesn't want the home (and the mortgage) and she isn't tied to the loan or title:

    1) What written response do we need to file with the court to remove her responsibility in this lawsuit and terminate her involvement in this case?

    2) She was advised to hire a lawyer, probate the will, and refuse any gifts. Is this necessary?

    Thank you.

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Being Sued As an Heir in Foreclosure Court

    Did your wife record a deed to herself? This would be why she is being sued. However, she can only be sued off of the title, NO judgment against her for any type of money.

    If the deed was recorded with a right of survivorship clause then that would be the reason for the suit.

    If your wife is NOT on the mortgage then she has nothing to worry about. The lender is just trying to sue anyone off the deed who may have a claim. This does not mean they can get a money judgment and this will not have any impact on your wifes credit.

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Being Sued As an Heir in Foreclosure Court

    She never recorded a deed to herself. As a matter of fact, she had absolutely nothing to do with this property and has no interest in it other than being a legal heir to the property.

    Initially she contacted the mortgage company to let them know of the death. A couple months later she was contacted by this law firm that is suing her now. They asked whether she had any interest in the property, which she said again said no.

    My gut feeling is that this is all just legal procedure; however, my fear is that whatever response they're asking for is important for us to do.

    The only thing I can think of is that the court doesn't know whether or not we have an interest in the property and is requesting our response as such. If we respond in the negative, then the procedure can keep going and the property can be tranferred back to the mortgage company. What happens if we don't respond? Is the default action one where as if we responded in the negative? Or, does the court assume we have an interest and transfer the property to my wife after which the mortgage company has a legal claim for money?

    Thanks again!

  4. #4
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Being Sued As an Heir in Foreclosure Court

    It sounds like to me that she is in the clear. However, without reading the suit I can not say for sure. Your best bet may be to have an attorney read the action just to be sure that what we both suspect is true.

    You are always better off safe then sorry.

  5. #5
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Being Sued As an Heir in Foreclosure Court

    I contacted a lawyer in the county for the court. He read the suit and said that if she didn't have an interest property then just ignore the summons and let the default action happen.

    Thanks OhMy!

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