Legal Question in Wills and Trusts in Florida

Estate foreclosure

I am the personal rep of my mom's estate. She has only a property in estate assets. The mtg company is filing foreclosure and has named me and my siblings as defendants in the foreclosure suit. I am trying to purchase a home now in La for myself and am being told by the mtg co. that I am trying to get a loan through that I may have a financial liability to mom's property because of the suit and therefore they will not close with me. Is this true? Can I be held peronally liable for a property that I have never owned nor signed on the mortgage note? Is there anything I can do to remove my name from the lawsuit?


Asked on 4/16/09, 2:18 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Estate foreclosure

You have no personal liability for your mother's debt simply because you are the PR if you have never owned the home and have not signed the note or a guarantee for the note. I would switch Mortgage companies or representatives since they appear to be clueless on this issue.

Read more
Answered on 4/16/09, 2:43 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida