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

Browardcountyclerks

Fort Lauderdale, FL -

Attorney Answers (5)

Margery Ellen Golant

Margery Ellen Golant

Foreclosure Attorney - Boca Raton, FL
Answered

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-... more
Richard Eric Berman

Richard Eric Berman

Lawsuit / Dispute Attorney - Fort Lauderdale, FL
Answered

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.

Pamela Thea Higer Polani

Pamela Thea Higer Polani

Foreclosure Attorney - Delray Beach, FL
Answered

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).... more
Natalie F Guerra-Valdes

Natalie F Guerra-Valdes

Foreclosure Attorney - Fort Lauderdale, FL
Answered

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... more
Celia R Reed

Celia R Reed

Real Estate Attorney - Phoenix, AZ
Answered

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-... more

Related Topics

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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