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What does it mean if I am being sued for my deceased mothers foreclosure?

Merritt Island, FL |

My mother passed away about one and a half years ago. I was no longer living in her home and was told not to come back to the home because of her boyfriend who had "squatters rights" because he had residence. My mother did not have a will and my mothers boyfriend left the residence without making any payments. The home went into foreclosure and I am now being named as a defendant in the forclosure. I was told when she passed away that under florida law I did not inherit her debt. I am just wondering the best and most responsible way on handling this so that i dont get a judgement against. FYI I have not been served yet. I know this by reading court documents and they have actually determined that they cannot find me. I am not trying to avoid them, I just want to be prepared.

Attorney Answers 2


The bank has to sue you because you inherited the property. I don't know if you have any brothers or sisters, but anyway, you have inherited the property to some extent. But the bank has an interest in the property also. The bank rights takes priority over your rights. Her "estate" should be liable for the debt on the property, not you. The bank will name her estate as a party, you as a party, and anyone else who has an interest. If you want all of the house for you, you would have to pay whatever is owed. Unless you signed the promissory note, the bank cannot come after you for a deficiency judgment. Caveat, what if the bank cannot prove conclusively that they have an interest? There is a slight chance the property would just go to you. It is a small chance, but possible. Normally the executor/trustee of the estate "defends" the estate against claims. Because there was no will naming you executor and if you don't volunteer for the job (with the help of an attorney) a court will probably assign someone to manage the estate and defend it. This is just the basics. It is fairly complicated. Please click on the webiste, it does not cost anything. Thank you.

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Mr. Bishop is correct. What is the value of the property? How much is owed on the property? If the property is worth more than is owed then you may benefit from a sale of the property. Contact a foreclosure defense attorney to help you determine if you are the sole owner of the property and then handle any other legal issues associated with selling the property. You will probably need a probate action to get title in your name.

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