Legal Question in Real Estate Law in Florida

I currently live in Miami, and my mother's property is in Winter Haven and is being foreclosed. She passed away recently and the attorney's office handling the foreclosure has gone ahead and amended the claim to include myself, my father and my two brothers as defendants. They are requesting a letter in writing within thirty days or they will assume the debt is valid. The property was in only my mother's name and she had no will (Her death was sudden and unexpected), and she was also not married to my father. I am unsure of what I should send them, if anything, and if they even have a legal right to come after me about this debt. I do not even own my house, I have three children and the father of my kids is the sole provider of my household and he has chronic health condition. I cannot handle this stress in my life right now and am seeking a way to get rid of this aggravation once and for all. I was already contacted by the Mortgage company, trying to see if I wanted to "save" the house, and I told her the same as I just said. She said that that was fine and that I would't have to worry about it; my understanding was that my involvement in the matter ended there. Now I see that I am included in this lawsuit in a property to which I have no obligation. So finally my question is, Is this legal what they are doing? And what should I do next?


Asked on 10/07/09, 10:24 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Without reading the complaint no one can answer for certain. Look to see if they are seeking any moneys from you or are just adding you in case you have any claim of title.

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Answered on 10/07/09, 10:33 pm


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