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Why am I and several others listed as defendants on my deceased mothers foreclosure property?

Fort Lauderdale, FL |

Browardcountyclerks

Attorney Answers 5


  1. Because the title searcher who works for the foreclosure firm thinks that you and they have an interest in the property which is the subject of the foreclosure. You should consult an attorney who is knowledgeable in financial services law to determine what strategy is in your best interest.

    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.


  2. Your names probably showed up on the title search because your are heirs. Consult with a foreclosure attorney to decide how to proceed.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. I have stated many times before on this site, that in recent years, unfortunately, and as a probate attorney, my practice has been forced to address several foreclosure-related issues on behalf of the estate. Please contact an attorney to ensure that your interests are protected sufficiently. To delay doing so may mean significant consequences that you may not even have begun to anticipate.

    I may be further reached by email (polani@bellsouth.net) or through my website (www.bocadelrayattorneyatlaw.com). Please note, however, that the hiring of a lawyer is an important decision and should not be based solely upon advertisements or the like. Before you decide which attorney to retain, please ask for free written information about their (or my own) qualifications and experience. Also, providing an answer to your question does not constitute in any manner whatsoever a client-attorney relationship or privilege between us.


  4. Anyone who may have an interest in the property is named by the mortgage holder in order to extinguish their interests. Basically, the claim is that you may have an interest in the property, but if so it is inferior to the mortgagee. They do this to extinguish any claim that you might have so that they can foreclose, have clean title and either acquire ownership to the property or sell it. Very common practice. If you believe that you have an interest, you need counsel to respond on your behalf. This also entitles you to participate in any excess proceeds from sale of property.


  5. The plaintiff names all parties that may have an interest in the property as defendants. I suggest that you consult with an attorney regarding the particulars of your case. Many attorneys on here, including myself, offer free initial consultations.

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.

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