Legal Question in Civil Litigation in Florida

My wife and I have been listed as defendants in a foreclosure lawsuit. We lived at said property for three months, the proprety belongs to another party. A failure to prosecute notice was sent out, and the court, on its own, has set a hearing date. Is it neccessary for my wife and me to attend, even though we have no financial interest in the property?

Asked on 4/02/13, 11:26 am

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

No, you are listed because you were the tenants. If you are no longer occupying the property you will not have an interest in the case. The failure to prosecute notice was sent because the party foreclosing has not done any work on the case in the a long time and the court will dismiss the case if they do not take action soon.

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Answered on 4/02/13, 11:29 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Mr. Justice is correct. If you have any concerns you can send a letter to the Court and all other parties stating you are no longer in the property and you have no financial interest in the outcome.

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Answered on 4/02/13, 11:31 am


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