Orlando, FL asked in Foreclosure for Florida

Q: A debt collection lawyer is trying to take me to court about my dead grandpas mortgage. what do I do?

My grandpa died over a year ago and the mortgage company was informed of his passing and that no one had a desire for this property. A debt collection lawyer has sent me a paper in regards to the mortgage debt trying to claim me to it and this property is in ohio where he lived and I live in Florida and I don't know what to do.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You should ask in Justia > Ask a Lawyer > Ohio, but if Ohio mortgage law is anything like most places, simply ignore the paper you received; the mortgage company can't get a personal judgment against you, the best it can hope for is a judgment giving them the right to sell the property.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: We’re you appointed executor of his estate? The mortgage holder can’t come after you personally. If you’re the executor of his estate or the trustee of his trust then in your capacity of executor and/or trustee you would be the proper person they should contact. But you’re not individually liable for this debt unless you signed as guarantor.

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