foreclosure on an unsecured debt???

[marthaescobar]

What is the name of your state? Florida

My husband passed away earlier this year. He and I owned two properties - one where he and I lived and another one (non-homestead) where my mother lives. I received today a foreclosure notice from an unsecured creditor (credit card) who got a final judgment against the non-homestead property in the amount of $12,000. Can they do this? The debt was solely my husband's and I thought when he dies his debts dies with him. Also, can an unsecured creditor foreclose on my non-homestead???

Pleae, I am so worried - I don't know what to do.

Any insight is welcome. Thank you.

[Ladynred]

The debts of the deceased are paid out of their estate. Since your late husband clearly had an estate, ie: the 2 properties, and his debts were obviously not paid, then the creditor sued and won a judgment. Since you cannot protect that property with the homestead exemption, they were able to place a lien on the property. Once they have the lien, they can forclose to get what they're owed. However, they can NOT keep more than what they are owed.