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What do I do when I am being sued for foreclosure on my deceased fathers home? I have no interest in the property. Thank you.

La Center, WA |
Filed under: Foreclosure

My father left a living will with me (his daughter) as the executor. I have been served with a complaint to respond within 30 days. I am unemployed and have no interest in the property nor do I have the means to hire an attorney. I have paid all his debts and was not on any paperwork related to my dad's reverse mortgage paperwork. I have contacted as many resources as I can find, researched the web and paid for a form to file an "answer/motion". Would you please help me? I don't know what I am supposed to do. I only want to do the right thing I just don't have any money at all. Thank you very much for any guidance you can provide

Attorney Answers 3

Posted

Contact Northwest Justice Project to screen for counsel. http://nwjustice.org/get-legal-help

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Posted

I have a case very similar to this in Tacoma right now. I have an interesting defense, and I'd be happy to discuss your situation and see if the same defense would apply to your situation. The summons tells you that you have to respond in writing. If you don't respond in writing, you can be defaulted. Mr. Groseclose is right that the NWJustice Project can help you. If you speak with Lisa Von Biela, she may well refer you to me, because this is a familiar scenario to me. The NWJP is free to people who need help. The attorneys that staff this project are volunteers or paid for by Legal Services, so please don't spend any more money on forms or hesitate to call.

Please know that you are under no obligation to pay your father's debts, no matter what the complaint alleges. Hope this helps. Elizabeth Powell

Using Avvo does not form an attorney client relationship.

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Posted

If you truly "have no interest in the property", you may have nothing to do. If you did not sign any document obligating yourself to pay the loans on the property, you have no personal liability to pay.

If you do not want the property and there is no other person entitled to the property under your father's will, especially if the loans on the property is more than the value of the property, you likely do not have any incentive or duty as the executor to do anything.

However, in reverse mortgage situations, there usually a large equity on the property. You likely should check whether there is equity in the property.

Without knowing all the relevant information, no one can give you informed guidance.

You should call around to see whether any local attorney would have a free or low cost consultation with you.

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