Served Lis Pendens & Forclosure Complaint

[CraigFL]

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

Yesterday, my wife and I, individually, were served with these two documents - Lis Pendens & Forclosure Complaint. This was about a home we sold Nov 2007. The sale was closed at a Wells Fargo office/closer because the new owner financed with them. He has not made a payment since January 2009 and thus the foreclosure. The "reason" we were served is said to be "by virtue of possible defects in that certain Warranty Deed recorded...... relating to the lack of a proper notary acknowledgment....."

I've looked at the recorded deed and there doesn't seem to be anything out of order unless a notary cannot also be a witness.

I assume they just want to be sure that I or my wife do not have any claims to this property - which we don't. The documents ask for a written response but no specific questions.

Is this standard operating procedure for recently sold properties and what kind of response are they really looking for?

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

[LindaP777]

Pretty much the same thing happen to me. I sold a house and about 3 years later, my buyer was foreclosed upon. When I recieved the notice, I called the foreclosure attorney and asked why they sent it to me. I was told it was in case I still had any interest in the property (i.e. second mortgage).
I was kind of guessing because the house sold FSBO and not with a Realtor, they were questioning if we still we're owed money. Did you sell FSBO?

[CraigFL]

I used a Realtor. I wrote them to let them know that I had no legal interest in this property since closing.

[FlyingRon]

They have to notify/name anybody who is an owner or might be an owner or have a security interest or they may have subsequent issues with the foreclosure.

You can respond with the details that you did in fact deed the property away in the sale and have no further security or ownership claim in the property. You can call the lawyer/bank handling the foreclosure. They may even have a waiver/quit claim already for you to sign.