| 1. |
|
| 1. |
|
| 3. |
|
I have a loan on a vacant lot in central Fl. If I ignore the summons what will happen?
Jacksonville, FL
Viewed 109 times.
Posted 5 months ago in Foreclosure
Flag as objectionable
I bought land in central Florida to build a house and was unable to find work. I had to move to Northern Fl and I tried to ask the bank to take a deed in lieu and they said no. I don't have the money to pay for the land and told them to go ahead and foreclose. I am working but cannot afford rent etc. plus the mortgage on the land which is about 50,000. I took my girlfriends name off the deed though she was not on the mortgage. We both got a summons though I can't get off of work to pick it up - though she picked hers up. What will happen if I ignore the summons and let them go through with the proceedings? I can't imagine this would effect her credit since she is not on the loan and we just took her off the title - will it? I am in desperate need of advice - thank you in advance.
Answers (3)Christy Michele Greene
This attorney is licensed in Florida.
Posted 5 months ago.
Flag as objectionable
I cannot give legal advice without obtaining more information and establishing an attorney client relationship. Please be advised this "answer" does not create any attorney client relationship. However, it is important that you understand that failure to answer a complaint filed against you may allow the plaintiff to obtain a default judgement against you. You do not know what exactly that default judgement would award to them if you never read the complaint. That being said, the "summons" you speak of is I assume the service of process which has a copy of the complaint attached. It is required by the court to be served by the plaintiff on every defendant who owns an interest in the real property that is the object of the foreclosure action. The Service of process is to be delivered to you if they can locate you. This means you are under no legal obligation to "pick it up". The process server is both paid to and should deliver it to you at your home. If you are served read the complaint thoroughly to understand the allegations against you. ( As should your girlfriend. ) If any of the allegations are false or just plain wrong you may have a basis to stop the foreclosure and/or check to make sure they aren't adding any incorrect information such as additional amounts that you do not owe or alleging that your g-friend owes the debt when she clearly did not sign the mortgage. Finally, I will say that in the recent past many lenders have attempted to foreclose on loans that they do not legally own so check the names & dates of the assignment of the promissory note to make sure it says your lender sold the note to the lender that is foreclosing now and check to make sure it was before the date that the foreclosure action was filed. This is important even if you do not want the land because you could later be sued again by another lender saying that they are actually the true holder of the promissory note that you owe. ( Unfortunately, that really happens! )
H. Dillon Graham III
|