Being sued for Foreclosure of house that has been sold?

[EMT2007]

What is the name of your state (only U.S. law)? FL

I will try to explain this the best way possible as we don't even understand the half of it.

3 years ago my husband sold a property he owned in Florida. He then obviously used that money to buy our home in Indiana. A few days ago he gets served with papers here in Indiana from Broward County Florida naming him as a defendant in the foreclosure of the house he sold three years ago along with the man he sold it too. He is listed as "an unknown spouse"?? There was also a paper in the documents that apparantly had a measurement that was wrong. We read through the papers and can hardly figure them out. We called the attorney listed on the papers that is representing Citibank mortgage and he basically was annoyed we called and would not give us any answers, just that - yes we are being sued for foreclosure. My husabnd explained to the attorney that the house was sold out right to "so and so" three years ago, We have our warranty deed and all the proper papers stating this. The attorney said it doesn't matter and there is a court date set?!?!? What does this mean??????

[Zigner]

Originally Posted by EMT2007

What is the name of your state (only U.S. law)? FL

I will try to explain this the best way possible as we don't even understand the half of it.

3 years ago my husband sold a property he owned in Florida. He then obviously used that money to buy our home in Indiana. A few days ago he gets served with papers here in Indiana from Broward County Florida naming him as a defendant in the foreclosure of the house he sold three years ago along with the man he sold it too. He is listed as "an unknown spouse"?? There was also a paper in the documents that apparantly had a measurement that was wrong. We read through the papers and can hardly figure them out. We called the attorney listed on the papers that is representing Citibank mortgage and he basically was annoyed we called and would not give us any answers, just that - yes we are being sued for foreclosure. My husabnd explained to the attorney that the house was sold out right to "so and so" three years ago, We have our warranty deed and all the proper papers stating this. The attorney said it doesn't matter and there is a court date set?!?!? What does this mean??????

What does this mean?
It means that your husband has been named in a law-suit and needs to defend himself. He should speak to an attorney (NOT the opposing counsel).

[EMT2007]

Of course I know what that means. I'm just wondering how we could possibly be sued for a house we sold three years ago. My husband just got off the phone with an attorney and they said it sounds like since the surveyor made a "2 cm" mistake that the bank is now trying to come after my husband because they can't get anything from the guy who bought the house from him. Does this even sound right? We are getting the run around here. We called the attorney listed on the court documents because it specifically said if we had any questions to please call.

[Zigner]

Originally Posted by EMT2007

Of course I know what that means. I'm just wondering how we could possibly be sued for a house we sold three years ago. My husband just got off the phone with an attorney and they said it sounds like since the surveyor made a "2 cm" mistake that the bank is now trying to come after my husband because they can't get anything from the guy who bought the house from him. Does this even sound right? We are getting the run around here. We called the attorney listed on the court documents because it specifically said if we had any questions to please call.

Contact and hire your own attorney! (aimed at your hubby)

[EMT2007]

He just talked to an attorney and that's what they told him?! I just want to know if this sounds right?

[Zigner]

Originally Posted by EMT2007

He just talked to an attorney and that's what they told him?! I just want to know if this sounds right?

Why do you only look at half of the text in my posts?

He contacted an attorney - great. Now it's time to HIRE one.

[EMT2007]

Thankyou for the advice, it has been taken. I am just curious if anyone else has a comment on this and if we can be sued over a surveryor mistake.

[FlyingRon]

Did he pay off the mortgage?
Does he still have some ownership or security interest in the property.

Generally a foreclosure suit lists everybody who has or might have an interest in the property as they are most likely going to LOSE that interest when the foreclosure takes place.

[EMT2007]

Thanks for the reply FlyingRon, yes the mortgage was paid off. He has no ties to the property at all. We all copies of the Warranty Deed etc.

[efflandt]

Who handled the closing when your husband sold it? Were there any mistakes about the legal description of the property on the deed issued when he sold it? Or was there a mistake on the deed when he originally bought it that was replicated when he sold it.

There has to be more to this story than a measurement being off by less than an inch. Did your husband have an outstanding loan on the property that he thought the buyer would pay?

[EMT2007]

He bought the house through the builder. In the orginal paper work from when he bought the house it has the correct measurements. When the house was sold tothree years ago, the wrong measurement it on there. Literally a mm off. It was supposed to read "933.83 but it is typed 933.33" We looked up public records and citibank had opened a lawsuit against the buyer 2 months ago but dismissed it and now they have reopened it against the buyer and my husband.

My husband did not have ANY outstanding loans. Has impecable credit and is NEVER late on anything.

[Zigner]

Ok, don't hire an attorney.