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Should I even respond to a foreclosure summons?

Cocoa, FL |
Filed under: Foreclosure

My name is on the title but not on the mortgage. The person on the mortgage is deceased. I inherited the property because it was homesteaded and therefore did not enter probate. I have been summoned for Lis Pendens. I do not wish to keep the house or property. I just want this process to be over. Should I even respond to the summons? What happens if I don't? Am I liable for the mortgage, or the cost, charges , and expenses, including attorney's fees, and title search cost, or any thing else?

Attorney Answers 4


  1. It is not clear from your posting how you acquired title to the property. The statement "my name is on the title but not on the mortgage" is confusing. Without reviewing your deed and looking at the summons with which you were served, I cannot give you accurate advice. However, if you did not sign the promissory note which the mortgage secures, you will not be liable for any deficiency judgment. If you do not file an answer, your will not know how the foreclosure is progressing and may not find out when the property will be sold. If you want a more complete answer to your question, you should consult an experienced foreclosure defense lawyer in you area.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  2. I think I will blog about this . . .If someone has a lawsuit against them and they don't take any action, then you are basically admitting everything to be true, even if the lawsuit was ridiculous and had nothing to do with you. Yes, you should respond--especially if you signed the promissory note.


  3. If you are only name as an heir and if no personal liability is sought, and if you don't have any reason to want to oppose the forclosure, in essence, that is what your answer should say. You should make it clear that you are not a borrower, and no deficiency decree may be entered against you. If you are in the same locality as where the case is located, you should attend the hearing on summary judgment and address the judge and make sure you do not get swept in inappropriately, which is something that happens all too often.

    You should not ignore this. You would not believe how many mistakes are made by the foreclosure mills and people who should not be liable wind up with judgments against them.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.


  4. The worst possible thing to do is ignore it. I don't have enough information to know if you would ultimately be held liable, but if you don't respond then you will lose options. Step in front of it now. It would be wise to have an attorney walk you through the process.

    Please consult an attorney. This is not legal advice. Just a response to a generic question. Each situation is different and requires an attorney to analyze the facts, law and application of the facts to the law.

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