Should I hire a lawyer under the following circumstances? A foreclosure suit was filed July 23, 2012 against me and my deceased husband, co-signors of the mortgage of our former residence (Florida). The court says I will shortly be served a summons. I will not contest the suit because I do not/cannot live in the home and cannot afford to maintain it. I own no vehicle, investments or other property. My husband died intestate. His only income (government pensions) ceased with his death.I still reside in Florida in the same county as the house. Should I hire a lawyer; if so what kind? I contacted an elder care lawyer who did not believe I did not want to create a trust.I am 81, remarried and sole caregiver for my new husband, who was recently diagnosed with COPD and Alzheimer's. Thank you.
State/Country relating to question: Florida
I contacted an elder care lawyer who did not understand/believe that I own no assets of any kind except the house that I am eager to turn back to the bank that holds the mortgage.
Thank you for your question.To answer your question, if you personally do not own any assets whatsoever, and you do not have any joint assets (such as joint checking accounts) with your current spouse, then obtaining counsel makes no sense. If you really have nothing but retirement, specifically Social Security coming in, then you are deemed to be 'judgment proof' and it is very unlikely the lender would ever pursue you as it would cost them far more to litigate than they will ever be able to collect. Please be advised that joint assets, such as joint bank accounts, can be pursued.On the other hand if you do have assets, then retaining a real estate or a probate attorney would be useful; a real estate attorney may be able to negotiate a waiver with the lender so that they agree not to pursue you for any debts, especially if a potential 'deed in lieu' agreement is created, and a probate attorney could set up trusts as means of hiding away assets. But based on your facts I really do not see the need for the additional expense.Hope that helps.Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate my service as either "Bad" or "Poor”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.
Please be aware that if you give any rating below 3 stars then I will not be compensated in any way for helping you today. Good luck to you!
My present(second) husband and I have separate checking accounts. I think you are the one who advised it. I will pay you for the question I just asked. Please let me know if you consider the following a separate question or part of the same question, and I will proceed accordingly. My pensions are Social Security, New York State and an old age pension from Switzerland. I have dual citizenship because my (first) late husband was Swiss. The Swiss pension is based on my contributions from my salaries. Should I have Swiss documents translated from German to English to prove the income is not from a Swiss bank account?
Thank you for your follow-up.I have reviewed the past questions, and it appears that I did assist you in the past. Happy to hear that you have taken my suggestions. Glad to help.To answer your subsequent concern, you may want to consider translating those documents only when and if you are pursued by the lender. Beyond that I do not see the need ot the expense of formal translation. It makes no legitimate sense to pursue a translation unless you are sure someone reads it, but beyond that it is a good idea should it get to litigation. I see this as a follow-up concern and not as a separate question because it is directly related to your initial post. In the future, if you have additional concerns, please feel free to start your questions "For Dimitry..." and I will be happy to answer directly.Good luck.Dimitry Esquire41121.3953173264
JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).