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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can the bank sue my mom’s estate for my quit claimed house

Customer Question

Can the bank sue my mom’s estate for my quit claimed house from her when no estate was established or do they need to include me?I have a quick claim on my house from my mom who owed the mortgage but I was not on the original mortgage. Could the bank sue my moms estate when no estate was established to avoid having me represent the property? I paid the mortgage for years in my name before default and before beating them on foreclosure originally when sued on both names. Florida law now states no statute of limitation and the bank will refile. They are naming mothers estate as defendant without me. Can I still represent my home as defendant? Again, I did pay on original mortgage, I was on credit line by name but the second or credit line was dropped by the bank on original second mortgage credit line? We were both on original suit and I had a Power of Attorney to represent her. I had a Power of attorney for my mom. How do I prove no estate was established if they cannot sue without an estate established? How do I make myself defendant?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: florida
JA: Has anything been filed or reported?
Customer: Not yet but soon.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Did you get my question? Must be familiar with foreclosure and probate.
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, yes, the bank can pursue your mom's estate even if her heirs neglected to file to open probate. The reason they can still pursue her estate is that she could not quit claim her home and change the responsibility for the mortgage payments by doing so. A quit claim only signs over to you any rights she may or may not have had in the house, but if your name was never added to the mortgage (not the second) then they have to pursue the estate and not you, because the contract was between your mom and the bank.
At this point, it will require you engaging a FL attorney to represent you to try to not just stop the foreclosure, but first now to open an estate in FL probate court (an attorney is mandatory under FL rules of probate court for this) and have you named as administrator of the estate so you can use the lawyer to defend the foreclosure.
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