Legal Question in Wills and Trusts in Florida
This is my situation:
Father passed away 5 years ago.
Mother passed away 1 year ago.
My parents had a house in Florida in their name that still has a mortgage. Mortgage is more than value of the house. They left a will leaving anything they had to me and my sisters. Will was recorded with clerk of courts.
Me and my siblings did not pay my parents mortgage, nor do we want the house. It�s ok for the bank to forcose, we don�t care about the house. No one other than my parents signed the mortgage.
My mother died without any money, so her estate was virtually worthless.
Now: Bank wants to foreclose (again, we don�t care), but attorney for the bank has subpoenaed me and my sisters, and summons says we are being sued.
This is the summons:
A lawsuit has been filed against you. You have 20 calendar days after this Summons is served on you to file a
written response to the attached Complaint with the Clerk of this Court. A phone call will not protect you; your
written response, including the above case number and named parties, must be filed if you want the Court to hear
your case. If you do not file your response on time, you may lose the case, and your wages, money, and property
may thereafter be taken without further warning from the Court. There are other legal requirements. You may want
to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid
office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file your written response to the Court you
must also mail or take a copy of your written response to the "Plaintiffs Attorney" to wit:
We don�t know what to do, or what to write in this letter. Any help would be appreciated.
2 Answers from Attorneys
Talk to your lawyer. Legally they have to sue you to foreclose the property. However, unless you signed papers making yourself liable on the mortgage note, they can't get a money judgement against you. Only your parents probatable estate is liable (actually just your mothers since your father died so long ago).
Read the complaint that was served with the summons. That will indicate what relief they are seeking against you.
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