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Ellen, Lawyer, Consultant
Category: Legal
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Experience:  25 years of experience helping people like you.
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I was served a summons to respond to scriveners error warranty

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I was served a summons to respond to scrivener's error warranty deed for a home being foreclosed on for lack of payment by the buyer of the home. I was the seller back in 2005. I am failing to see how to respond. What am I supposed to do or say?

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a Florida lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

Are you being subpoenaed for court or were you served with the summons and complaint?
Customer: replied 6 years ago.

Don't be, I am not stressed...yet. I was handed a pile of documents. It states in the front, You ARE COMMANDED to serve this Summons and a copy of the complaint and Notice of Lis Pendens in this lawsuit upon the below-named defendant ...then My name and my wife. Also listed are the original buyers and even the Home Owner Association. We have 20 calendar days to respond....but I don't know what response they are looking for. They state clearly the problem in the legal description of the property contained an error and basically the phrase "VILLAGE 10" was other change. Above reads "Inadvertently and contrary to clear intentions of the parties to the Warranty Deed, a scrivener's error resulted in a mutual mistake....yeah...ok I get that. It goes on to state that it is to reform the mortgage. There is other stuff about buyer but what is concerning is the statement that my name and my wife's names are XXXXX XXXXX that we are also bulleted "we may have or claim an interest in the property that is subject of the foreclosure action by virtue of possible defects in that certail Warranty Deed recorded in the Officil Records relating to a defective legal description which defects render the deed ineffective to convey the property or may otherwise claim an interest in the property"...they lose me there. Are they implying we are no responsible for the bank getting its funds?


Thank you for your information.

The lender is trying to correct a typographical error in the legal description. The lender is required to serve all parties that may have an interest in the property. Since you conveyed the property in question to the buyer, the lender was required to serve you so that you could raise any defenses that you may have. If it was your intention to sell the property, no response is required. If you fail to respond, the court will order the relief requested which in this case is simply correcting the deed.
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