Q: Received summons and complaint for foreclosure of relatives home. I am not on "note" or on complaint must I respond?
The complaint lists only the grandmother by name and the typical tenant jargon and any unknown heirs . I am not on the mortgage note and my name is not on the complaint, only on the summons. She was my grandmother and I do not want the property. This is in fl. Also, must I appear in court which is over 3 hrs drive one way.
A: If you are not on the note or the mortgage, you are being named only as a person who might have an interest in the property. If you do not respond than a default will be entered against you and ultimately a judgment will be entered which will foreclose any interest you have in your grandmother's property. As your question states you do not want your grandmother's property--and even if you did answering this Complaint will not entitle you or grant you the same, there is no real need to respond to the Complaint. This answer is based on the information provided above and should not be construed as legal advice.
Terrence H Thorgaard agrees with this answer
A: You are being notified in case you claim some interest in the property. If you don't attend, you can be defaulted and you would not have the right to object to the property being sold. But no, you are not required to attend.
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