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In January 2007, my mother became very ill. She ev

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In January 2007, my mother became very ill. She eventually was sent to a nursing home and put on a ventilator. My father tried to maintain things financially but could not. In Fall 2007, he stopped paying the mortgage, moved and filed for bankruptcy. He realized that even after the bankruptcy he would not be able to afford the house. 3 weeks after he moved, he passed leaving no will. He did have the fore thought to have me power of attorny for my Mom in case something happened to him. My parents had household items and a car my father had just financed. In other words they really had no assests. My mother asked that I donate her household goods as she knew she would never return home. The bankruptcy was dismissed due to lack of assests. The foreclosure moved very slowly but finally conluded in fall of 09, 8 months after my mother past away. In July, 2010 the case was closed. My mother did not have a will nor any assests.
Now the mortgage company has reopened the foreclosure calling it a reforclosure and I see that I am going to recieve a summons. I was never on any documents on the home and never lived there. I never created probate as there were no assests. (insurance buried my parents but no extra).
So I am confused why they are trying to intangle me.
Any Thoughts ?
Im In Florida

If your name was not mentioned on the property deed or the mortgage, then you're in no way liable for the mortgage. Also, the lender won't be able to come after you for the deficient balance resulting from the sale of the property. You should contact the lender and inform him about the situation. You might even take the help of an attorney in dealing with the lender in this regard.

Sub: #1 posted on Wed, 05/18/2011 - 20:47

Anna Sweeting Anna Sweeting

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Respond to the summons denying everything. Show up in court. You shouldnt need an the lender and find out what is happening.

Sub: #2 posted on Wed, 05/18/2011 - 21:46

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Thank you for your advice. I will tell you I have not received a summons yet, but according to the court website one is coming. It was created on May 17th.

Sub: #3 posted on Thu, 05/19/2011 - 04:17

HangingTightinFlorida HangingTightinFlorida

(Posts: 30 | Credits: )

It may have something to do with your power of attorney. If it was not worded correctly to fit the situation, there are several types of powers, that could be the confusion.

However, answer the summons when received. You didn't sign anything and should not be listed on any of the mortgage documents based on the information you have provided.

Sub: #4 posted on Thu, 05/19/2011 - 07:22


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The power of attorney was if she was incapacitated. However, my mother was very clear headed and alert to the end. She was fully able to convey her wishes. I' not sure I ever used it except to deal with medicaid.

Sub: #5 posted on Thu, 05/19/2011 - 09:27

HangingTightinFlorida HangingTightinFlorida

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As a followup: I see from the court house records that the summons was issued on May 17th. I am curious- if a summons is issued and they dont serve it what happens? Should I be proactive and contact the Circuit court?

Sub: #6 posted on Sun, 05/22/2011 - 13:35

HangingTightinFlorida HangingTightinFlorida

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Have you thought of calling the lender or the attorney?

Sub: #7 posted on Mon, 05/23/2011 - 17:26

Moderators Cum Industry Expert
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They actually served me yesterday. But the plot thickens: the signatures on the loan itself are legit, but there are other parts of the documents that the signatures are forged. I will speak to an attorny before I answer the summons.

Sub: #8 posted on Tue, 05/24/2011 - 05:42

HangingTightinFlorida HangingTightinFlorida

(Posts: 30 | Credits: )

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