Posted on: 27th May, 2010 05:56 pm
My uncle, who owned a condo in Florida, died last year and the lender is now foreclosing on the mortgage. He had no will, and no financial assets to speak of, so there was no probate. Most of his personal property was given to a charity.
My mother, who lives in Massachusetts, just received a summons, naming her as a defendant, probably because she's the next of kin. The complaint says she may have some interest in the property (she does not, unless being next of kin creates an interest) and seeks to have her interest declared inferior to the lender. That part I understand, but it also talks about a deficiency judgment and lawyers fees being assessed against all defendants, including her.
Is this something that my mother can ignore, because she has no interest in the condo, or does she need to find an attorney in Florida to make sure she's not assessed any fees or costs? She has no interest in the property or note and her only connection here is by being the sister to my uncle.
Thanks.
Neil
My mother, who lives in Massachusetts, just received a summons, naming her as a defendant, probably because she's the next of kin. The complaint says she may have some interest in the property (she does not, unless being next of kin creates an interest) and seeks to have her interest declared inferior to the lender. That part I understand, but it also talks about a deficiency judgment and lawyers fees being assessed against all defendants, including her.
Is this something that my mother can ignore, because she has no interest in the condo, or does she need to find an attorney in Florida to make sure she's not assessed any fees or costs? She has no interest in the property or note and her only connection here is by being the sister to my uncle.
Thanks.
Neil
Hi nr_crowley!
Welcome to forums!
If your mother's name is included in the mortgage documents, then the lender can come after her for the deficient balance resulting from the sale of the property. If her name is not included, then she won't be liable for the dues. I would suggest her to contact an attorney in Florida and take the required steps.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If your mother's name is included in the mortgage documents, then the lender can come after her for the deficient balance resulting from the sale of the property. If her name is not included, then she won't be liable for the dues. I would suggest her to contact an attorney in Florida and take the required steps.
Feel free to ask if you've further queries.
Sussane
Thanks. My mother is not on the promissory note or the mortgage. I think she's named only because she's the next of kin and the lender wants to prevent her from claiming any interest in the property, which she has no desire to do.