Legal Question in Civil Litigation in Florida

I am the administrator of my fathers estate. he died over 3 years ago unmarried and i the only heir. My fathers estate is insolvent as he died with more debt then assets, needless to say he was duped into siging a mortgage with suntrust bank 45 days before he died (my father was terminally ill fighting cancer for 5 years at the time of closing). Anyway i am being personally sued by suntrust for the unpaid mortgage, i offered them the home in leiu of death and then again when foreclosure proceedings were initially filed against the estate. I had to hire an attorney to fight the personal suit but my question is do i have grounds for a counter suit as they have caused me the pain of reliving my fathers death, financial burden by forceing me to hire counsil, as well as for the preditory lending they practiced. the truth in lending statements are off, my fathers income was wrong, and he had a mortgage with a balnce of $222000 when they wrote him a refinanced mortgage for $345000 and giving him a higher interest rate that was adjustable not fixed as indicated on all other documents. They gave him a refi for more money then he owed on his other mortgage and he recieved no cash out, the LTV ratio was something like 97% (even in 2007 i thought it was a max of 80% LTV ratio)

i am loosing my mind over this and want to know if i have any legal rights to counter sue. Then i would need an attorney willing to handle that case.

My dads Home is located in New York and i Live in Florida.

Thank you


Asked on 8/09/10, 1:05 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

No, and you personally are not responsible for the debts of your father. His estate is.

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Answered on 8/15/10, 7:57 am
Angelo Marino Angelo Marino Jr. PA

If you did not sign the mortgage and are not on the note, you, personally, are not responsible for the debt. You would be entitled to a counterclaims if you were sued for the debt under the note or mortgage under the Florida Consumer Fair Debt Collections Act as well as other claims. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 8/18/10, 7:22 am


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