Legal Question in Real Estate Law in Florida
Foreclosure
The home loan was in my deceased mother's name only & I personally notified the bank and gave them a copy of her death certificate. The only advice they gave me was to keep depositing money into my her checking account. This account was where they debited the loan payment. I had no payment book or anything to get ahold of them to further inquire. They are now foreclosing & I have until March 3, 2003 to respond. Incidentally, they, according to the county, never filed a lien against the property/home for the loan and I have the title to my home stamped p/o on 7/9/99 by the county. I was never notified of impending foreclosure until the day before I received the summons. Do I have legal recourse in this?
2 Answers from Attorneys
Re: Foreclosure
No doubt you obtained title subject to the mortgage lien. If you want the property you will have to arrange to pay off the mortgage. I would need to see the suit papers to determine how to solve the problem. Good luck.
Re: Foreclosure
You need to immediately meet with an attorney to review your situation or you will risk losing any interest in the property encumbered in your mom's name. You did not say whether or not you were residing in the property also so I have not addressed that issue.
If you do not file your answer as directed, the lender will obtain a default and a default final judgment against your mom's estate and you. The property will then be sold to the highest bidder on the "courthouse steps" after the sale has been advertised in an approved newspaper. Do not wait until this happens because it will be too late.
Scott R. Jay, Esq. 305-249-8000
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