Legal Question in Real Estate Law in Florida
Father in law took out reverse mortgage, he died 2 years ago, now we get a civil action summons, a lawsuit has been filed against us. per the summons, we are the heirs to the property (there was no will and we are not on the deed) We have no interest in this property and we have 20 days to file a written response to the complaint. They state we own the property which we do not own.
2 Answers from Attorneys
The heirs, whether they have been determine completely or not, have an interest in the property. A probate would clear title. If there is any equity in the property you should probate the Estate and clear the title. If the property has no equity, then respond to the complaint advising that and you can let them foreclose and take the property.
They cannot properly sue the heirs. They must sue the estate that owes the debt and owns the property. Of course, you can walk away from the property.
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