If I have received a summons for foreclosure, how doI respondif Idon’t want the house?

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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 9 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.


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