Legal Question in Real Estate Law in Florida

I am been sued for a foreclosure on a property

I sold 3 years ago. The current owner is the main defendent, but my name appears in the front page of the summon as a defendent and the following paragraph:

''The defendent, ...may claim some interest in or lien upon the subject property by virtue of PURSUANT TO WARRANTY DEED'', which is recorder at official Recode book ..., Page ...of the public records of Broward County. Said interestm if any, is subject and inferior to the lien PLaintiff's mortage.

I called the Lawyer suing me and the Paralegal said the warranty deed was not recorded properly and I don't need to do anything about it or worry if I dont care about the property.

Do I need a Lawyer to clear my name or is it true if I do not respond within the 20 days to the Clerk of this Court I am only admitting I do not have any interest in this property?

PLEASE HELP.


Asked on 9/08/08, 10:30 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: I am been sued for a foreclosure on a property

If you do not respond to the court a default can be issued against you. While you may have no financial obligation or interest in the property, a judgment against you could have a negative impact. I think I answered this question a few days ago. You need to respond to the complaint and notify the court that you are an improper party to the suit.

You should find out why the new warranty deed was not recorded after your sale of the property. Contact the closing agent from the sale.

You can ignore the complaint and some may tell you to do just that, but I do not advise it,

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Answered on 9/08/08, 10:40 pm


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