Legal Question in Real Estate Law in Florida

Foreclosure on heir

My mother died almost 2 years ago, leaving an unpaid mortgage. I made some payments after her death, but was unable to continue. The finance company is now foreclosing and has named me personally as a defendant in the suit. The title is not in my name (''estate of ...''), and my name was never on the mortgage. There has been no probate, and there was no will. Can the finance company sue me? I don't really want the house, it's not in great condition. I just don't want this to haunt me in the future when I may want to buy a home.


Asked on 5/18/04, 5:16 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Foreclosure on heir

Clearly the finance company can sue you because your are in possession. The company wants title and possession of the property. You are not liable on the mortgage note. You should retain counsel to resolve the matter short of litigation.

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Answered on 5/18/04, 5:46 pm


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