Legal Question in Real Estate Law in Florida
Lawsuit filed against my wife.
A couple of years ago, I quit claimed interest in a property I had title to with my sister-in-law because I no longer wanted any part of it. She subsequently sold the property. The current owner is in foreclosure and the bank has lost or misplaced the original promissory note.
They have filed a suit against the mortgagee and named my spouse as co-defendent.
Neither of us are on the mortgage or have an interest in the proprty. What should I do?
3 Answers from Attorneys
Re: Lawsuit filed against my wife.
Since you have no interest you can also default, if there is no monetary request.
Re: Lawsuit filed against my wife.
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Hire an attorney to file a motion to dismiss based on the facts you presented.
Scott R. Jay, Esq.
Re: Lawsuit filed against my wife.
You should contact the lender and see if you can get them to volutarily dismiss the case against your wife, or perhaps have an attorney do it for you. If that fails, you will have to defend the case, but should be able to prevail quickly and fairly inexpensively.