Spring Hill, FL asked in Real Estate Law, Banking and Probate for Florida

Q: siblings and I are being sewed by the bank holds the mtg on mother's house who is deceased

If I'm listed as deceased on the doc does the doc have to be refiled with the court?

1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Business Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: You are being sued in foreclosure because your mother, who is deceased, had a mortgage with the lender at the time of her death. You should answer the foreclosure complaint and deny the allegation that you are deceased. The plaintiff can decide whether to amend its complaint. If you were not a co-signer on the mortgage, the foreclosure is simply a way of removing your legal interest, if any, so the house can be sold.

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