QUESTION
How do you get your name off of a deed you never signed?
Asked on Jul 27th, 2013 on Foreclosures - Florida
More details to this question:
My mom died in 2012. She had a mortgage. My brother and sister (2 minor children) and I (adult) were her living descendants. My grandmother was the personal representative. The personal representative passed the house via probate to the minor children and me. We did not live in the house as I own my home, and the minor children live with their dad (custodian). After the estate was closed we received a foreclosure summons naming my brother, sister (and their custodian), and I in the suit. I know I am not responsible for the mortgage as I am not on it. I was just wondering if there is some way I can remove my name from the suit? Thank in advance.
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Because the property is now owned in part by you, you are a necessary party to the lawsuit. They cannot come after you personally and the mortgage foreclosure can only be what we call "in rem" which means the thing, the property. You cannot get your name removed from the suit.
Answered on Jul 29th, 2013 at 12:04 PM