Foreclosure - Not our Property

FLORIDA. We have been named as Defendants on a foreclosure.
We do NOT - own the property, nor live in the property, nor have any obligation, nor financial interest in the property.
We did win a small claims judgement against the owner (less than $2,000.).
We understood the judgement did not entitle us to lien his residence.
We are concerned this will deface our good name and credit in public records!
Will a letter to the courts remove our name from this civil action or
do we need to hire an attorney?
Thank you,

Hingson said:

FLORIDA. We have been named as Defendants on a foreclosure.
We do NOT - own the property, nor live in the property, nor have any obligation, nor financial interest in the property.

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Contact the law firm who has filed the suit with an explanation and ask them to remove you from the suit.
If they refuse, you can try to file a 'motion to dismiss' with the court offering the same facts.

I'm guessing, but it sounds like you are being named in the suit because you have an interest in the property arising from your judgment. In order for the foreclosure to go forward, all other interests have to be extinguished or paid (depending on the priority of the interests). Therefore, you may be a necessary party to the lawsuit.

If this is correct, you'll want to stay in the lawsuit and see how it plays out - depending on the priority of the interests, and how much money the property sells for, you might be entitled to payment.

Unfortunately, given the amount of the judgment, there's not enough money involved to justify participating in the proceedings.

I'd call the lawyer for the party foreclosing and ask what interest they are foreclosing (probably the mortgage holder, in which case they have the highest priority and get paid first) and how much equity is in the property, just to get some background.

I think the OP may be an indespensible party to the lawsuit as well. I bet there is some security interest against the property because of the judgment and the mortgage company must deal with notifications regarding this in order to make a clean getaway. I also agree the OP is probably not going to get much after all the fees and loss anyway, so he can call the attorney and get released from the suit with some type of settlement giving up all his rights to the house.