Orlando, FL asked in Real Estate Law for Florida

Q: How do I answer a suit denying claim on my parents reverse mortgage home? I do not wish to claim the home.

Hello! My parents are deceased, and their home is on a reverse mortgage. I received a summons for personal service on a natural person from the mortgage company attorney, who is also a debt collector. I need to respond in writing within 20 days. From what I can tell, they wish to foreclose on the home or wish me to buy the house. I deny my claim to the house. Can you advise me on how to send a letter to the clerk of court and the plaintiffs attorney?

My name is Anthony and I appreciate your help! I am lost. The plaintiffs attorney gave me a link to the clerk of court to file a claim or rather no claim for the home. I want them to foreclose and do what they want with the home. I just wanna walk away, which is exactly what my parents wanted. Thanks very much! I am in the state of Florida

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

A: If you don't respond, a default will be entered against you. That just means that you are cut off from raising any defenses later. The default paves the way to a judgment, which in this case, means that any legal interest you might have in your parents' home is foreclosed, or extinguished. I am not suggesting that you not respond, merely informing you of the effect of not doing so. You should at least consult an attorney before deciding what to do.

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