Legal Question in Wills and Trusts in Florida

Lender filing foreclosure against heirs

I am an heir to a family member who refinanced home for an amount far exceeding actual value of the home. Estate is being probated. Inventory of the estate does not indicate it is insolvent. Lender has filed foreclosure against the heirs. There is noone else that cosigned for mortgage. The mortgage belonged to family member only. Don't think anyone is residing in the house. Lender has filed a lawsuit individually against all heirs. If beneficiaries are not responsible for the debt, why would the lender file this suit? I also understand the lender did not file their claim timely against the estate. The suit seeks atty fees, homeowner assoc dues & a deficiency judgment for all defendents who have assumed personal liability. The attorney represents the Estate only. Because the lawsuit is being filed individually now, do I need to file an answer to the suit with the Court? Is there any danger in not answering the suit? The lender knows the family member was alone on the mortgage. With this being said, I don't understand the clause in the suit seeking a deficiency judgment, atty fees etc. If I don't answer the suit, don't they receive a default judgment? Can I be held accountable for anything w/or without an answer ?

Asked on 2/23/09, 8:40 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.
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0 attorneys agreed

Re: Lender filing foreclosure against heirs

If they sued you personally, then you must answer personally, or risk having a default against you. I'm not sure why they're going after you personally, and I need to be sure that the action isn't in rem only. I would have to review your paperwork to be sure.

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2/23/09, 11:26 pm

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