Legal Question in Civil Litigation in Florida
A mortgage foreclosure civil action suit has been filed on a property that my deceased uncle owned. His brothers and my siblings and I (due to my father being deceased) are being sued for his mortgage debt. I have to file a written response. I live in Georgia and the suit is filed in Florida. Is it a matter of me writing a letter saying that I lay no claim to the property?
1 Answer from Attorneys
Every person who has an interest in the property must be notified of a lender's foreclosure action. Any of you, or all of you could pay the mortgage debt, assuming that someone wants this property, and it's not "underwater" (worth less than the amount of the debt).
The bank has no recourse against any of your uncle's heirs, unless someone else signed the note. The bank can and will take the property, and sell it for whatever it can get. If you are not interested in keeping this property, then you probably don't need to do anything. If you want to know for sure, send your documents to a Florida real estate attorney for review, and to protect your legal interests.
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