We no longer own the home so how do we get droppped as party defendant.

Kissimmee, FL Viewed 47 times. Posted 11 months ago in Real Estate

After my parents died in 2005, my 3 sisters and I sold my parents home in June 2006. The new owner has defaulted and we were just served papers for foreclosure as defendents? Why are we being served if we do not own the home anymore? How do we get ourselves removed?

Additional information
I actually just spoke to the law offices handling the foreclosure and they indicated that the deed filed by the Title company that handled the closing on the sale of the home in 2006 filed the deed wrong and that as soon as we get the deed fixed and re-filed we can get our names removed as defendants. I have spoken the the title company claims office and have sent a letter and copy of the legal papers wewere served. Does this sound right? Also we do not live in florida we live in New Hampshire but the house is in florida.

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Answers (1)

Margery Ellen Golant

This attorney is licensed in Florida and 1 other state. Posted 11 months ago.

You should get an attorney who is knowledgable about foreclosure defense in Florida. The Plaintiffs' foreclosure law firms are factory-like operations, and they name as defendants anyone who they think may have an interest in the subject prperty. It is not unusual for them to be wrong. The named parties wind up with a foreclosure action on their record, in a number of different contexts, and these days, the foreclosure firms also ask for a deficiency judgement. Unless your issues are handled correctly, it is not at all farfetched for them to wind up with a deficiency judgment against you. While that may be totally inapproporiate, the way foreclosure in Florida works these days, no one will do anything about it unless you do.

We do foreclosure defense in Florida, and due to the crisis that is going on in this state, have been helping people with these problems all over Florida. Our contact information is on our web site if you would like to discuss further.

Golant & Golant, P.A.