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?


Asked on 11/03/07, 1:33 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Lawsuit filed against my wife.

Since you have no interest you can also default, if there is no monetary request.

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Answered on 11/03/07, 11:20 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Lawsuit filed against my wife.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Hire an attorney to file a motion to dismiss based on the facts you presented.

Scott R. Jay, Esq.

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Answered on 11/03/07, 1:38 am
Mitchell Roth MW Roth, Professional Law Corporation

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.

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Answered on 11/03/07, 2:02 am


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