Foreclosure question

[sep2121]

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

My brother recently died in Florida, leaving a substantial mortgage. I received a summons, naming me and two others as defendants in a foreclosure suit brought by the mortgage company. I have no desire to make any claims on his estate. Is this just a formality to eliminate any future obstacles to the foreclosure? Can I just provide a written response stating that I have no objection to the foreclosure or something like that?

Thanks.

 

[LdiJ]

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

My brother recently died in Florida, leaving a substantial mortgage. I received a summons, naming me and two others as defendants in a foreclosure suit brought by the mortgage company. I have no desire to make any claims on his estate. Is this just a formality to eliminate any future obstacles to the foreclosure? Can I just provide a written response stating that I have no objection to the foreclosure or something like that?

Thanks.

Yes, this is just a formality to eliminate any future obstacles to the foreclosure. Since your brother died the mortgage company has to include any potential heirs in the foreclosure process to protect themselves. It will not effect your credit rating at all as long as you do not do anything foolish like give them your SSN.

 

[justalayman]

It will not effect your credit rating at all as long as you do not do anything foolish like give them your SSN.

he could give the creditor his SS number, his drivers license number, the VIN from his car and the same details of everybody he knows and it wouldn't affect his credit score. Simply put; he is not a debtor so the foreclosure action will not be a negative line on his credit report.

Just as you stated he is included due to his status as heir and nothing more.

 

[LdiJ]

he could give the creditor his SS number, his drivers license number, the VIN from his car and the same details of everybody he knows and it wouldn't affect his credit score. Simply put; he is not a debtor so the foreclosure action will not be a negative line on his credit report.

Just as you stated he is included due to his status as heir and nothing more.

Legally, his credit score should not be effected no matter what information he gives them. Realistically, unfortunately, many mortgage companies have chosen to sell uncollectable debt to junk debt buyers who will do all kinds of illegal things in an attempt to collect debt.

 

[justalayman]

Legally, his credit score should not be effected no matter what information he gives them. Realistically, unfortunately, many mortgage companies have chosen to sell uncollectable debt to junk debt buyers who will do all kinds of illegal things in an attempt to collect debt.

It's a foreclosure, not a collection action. A creditor would have to file a motion for deficiency to even obtain a judgment against the creditor, and that's presuming there wil be a deficiency. The op would have a right to object to the motion if it named him (which should never happen since op's name is not on the mortgage).
As to a junk debt buyer being unscrupulous; again, the op's name is not on the instrument creating the debt so there is very little reason to believe a JDB would even have op's name.

Any judgment issued based on the foreclosure simply would not be in the name of the op so the JDB isn't even going to have knowledge of the op.

 

[FlyingRon]

The foreclosure lawsuit has to name anybody who has (or might have) an ownership interest in the property so they can defend their interest if they chose to do so.
As pointed out, this isn't going to have any long term impact.

 

[adjusterjack]

Can I just provide a written response stating that I have no objection to the foreclosure or something like that?

You can also just ignore it with no problem.

 

[sep2121]

Thank you so much. So I could just ignore the whole thing and let them proceed without a problem?

 

[quincy]

Thank you so much. So I could just ignore the whole thing and let them proceed without a problem?

You (and the other two in the foreclosure suit) are not on the mortgage itself, are you? Are you simply a potential heir to the estate?

 

[sep2121]

You (and the other two in the foreclosure suit) are not on the mortgage itself, are you? Are you simply a potential heir to the estate?

No, we're not on the mortgage.