If I have received a summons for foreclosure, how doI respondif Idon’t want the house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have received a summons for foreclosure, how doI respondif Idon’t want the house?
The house was awarded to my ex-wife in our divorce of almost 4 years ago. A quit claim deed was also signed by both parties and filed. I haven’t lived in the house for over 4 years and don’t want anything to do with it. How do I respond to the summons??
Asked on January 2, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your former ownership in the home is no longer an issue with respect to the foreclosure proceeding that you are facing concerning your former home. The reason is that presumably you signed the loan that is presently secured by the home that you once had an interest in but no longer have a a result of the dissolution decree.
I suggest that you consult with a real estate attorney as to how to deal with the foreclosure proceeding where you have been named on the summons and complaint. Possibly if the loan is purchase money (original loan for the home's purchase), your state may have anti-deficiency statutes in place where you would not be obligated for any deficiency judgment. A possible short sale of the parcel may be another option to be done by your former wife to resolve the situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.