Mom died no will no probate Dec 09 house in foreclosure i am being named in proceedings Can they do this to me?

Saint Petersburg, FL Viewed 185 times. Posted 7 months ago in Foreclosure

Mom died Dec 09 and her husband May 09. House (St. Petersburg -Pinellas) was and still is in foreclosure. I sent mortgage company/collector (Ocwen) death certificates and now they and some lawyer in WPB, are naming the estate, heirs, spouses and ME in their lawsuit. There was no will, no probate and no personal representative. Can I be held accountable for my mom's debts? She had no money expect $500 in her bank account which had my name on it and used this money for a simple cremation. NO insurance either. I told the mortgage company that the house is vacant and it is all theirs. It's over mortgaged by $65K, $0 equity and falling apart, needing $20k in repairs. I have a brother & sister, so are they also on the hook if they can hold us responsible? I recently found the quick claim deed and wonder if that is all they want. Thank You

Answers (1)

Thomas Robert Thompson

This attorney is licensed in Florida and 1 other state. Posted 7 months ago.

The company has to go through with the foreclosure as they are doing, simply because there was no probate done (or frankly needed) To get proper title in their name it needs to go through the process and get a Court order naming them the owner. You would be concerned if they seek a "deficiency judgment " against you or siblings as that is when they are seeking a money judgment.

Under the scenario you stated, you and your siblings should not be responsible for your parent's debts. You have not gotten any assets from your folks.

I would not recommend doing nothing but at least follow the foreclosure and make sure they are not seeking a personal money judgment. If they agree to take a quit claim deed from you and drop you from the case, likely that is the best thing from what you have stated. Confirm that in writing and make sure they dismiss you from the case.