Legal Question in Real Estate Law in Florida

Named as a defendant in a foreclosure lawsuit

I sold my property to a man (2005) who is being foreclosed on (2009). My wife and I are being named as defendants in the lawsuit due to a difference of opinion over the correct legal description of the property having been on the deed at the original time of sale.

I was able to look up the original plat and compare with the two legal descriptions. Attorneys for the Title company which handled the sale believe my wife and I completely sold our interest in the property (as we'd expected). However the law firm for the plaintiff doesn't seem to be concerned with removing our names from the lawsuit and insists it will not affect our credit.

My feeling is if a clerical error can get us named on a foreclosure lawsuit to begin with...what is stopping this from affecting our credit? What legal recourse do I have against the law firm representing the plaintiff for failing to remove our names from the lawsuit?


Asked on 2/02/09, 2:08 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Named as a defendant in a foreclosure lawsuit

You have no legal recourse against the law firm. They are correct: it won't hurt your credit. In fact, you can probably safely ignore the lawsuit. They just want to make sure you're not trying to claim any of the land, including the disputed portion. They have no choice but to include you on the lawsuit.

If it bothers you that much, though, you can probably offer to quitclaim your interest (which is none) in the property to the law firm's client. If you do that, they'll probably drop you from the lawsuit.

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Answered on 2/02/09, 4:36 pm


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