Legal Question in Family Law in Florida
I have a friend who will be filing for divorce from her husband who still resides in their home. My friend has moved out with their children to a new apartment a few months ago. THe house that her & her husband both have is now in the process of foreclosure & my friend was served 2 days ago for this foreclosure. What rights does she have since her name is still on the mortgage?.. Is she required to go to court as the papers request? Her soon to be ex husband refuses to pay for the mortgage so she is having to let the house go into foreclosure.
1 Answer from Attorneys
If she intends to just to let the house go, then she does not a need to appear in court on the foreclosure. The mortgage company's lawyer will file a default against terror, and, if no one else answers the lawsuit, the house will be sold. Sometimes, in a divorce, a judge will order the person with sufficient income to pay the mortgage to prevent it from going into foreclosure. She may want to talk to a lawyer about divorce right away.
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