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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6775
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Received a summons on deceased parent property. I do not

Customer Question

Received a summons for foreclosure on deceased parent property. I do not want property. How do I release my interest as an heir? There is no established estate or will.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 5 months ago.
You can permit the foreclosure to continue to its conclusion by simply doing nothing about the suit. You do not have to sign or file anything with the court in order to release your interest. It will be released automatically by the foreclosure judgment that is entered by the court. The judge will provide that the Sheriff's cell property, and that is the end of it. I would appreciate it if you would enter a positive rating for the answer that I provided to you.
Customer: replied 5 months ago.
The document states "If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning." I need to send a response. Please advice to the wording for my response.
Customer: replied 5 months ago.
please respond to my last question-reference wording for response
Expert:  Irwin Law replied 5 months ago.
That notice contains generic warning language and may not apply to the case that was filed. Be sure to read the complaint itself, to see: a) are you named personally as a defendant; b)what kind of judgment is being asked for? It should say something about it being a "not personal" judgment, or it might ask for judgment specifically and only against "the estate of your father. After you give me this information I will be able to tell you whether you need to file an answer to the complaint or a disclaimer of interest. It would even be better if you can attached a copy of the complaint using our paperclip feature
Customer: replied 5 months ago.
I am specifically named in this lawsuit as Valerie may have or claim an interest in the property subject to Foreclosure action by virtue of the death of my father. So should I file a disclaimer of interest, or an answer. if so how, what to say?
Expert:  Irwin Law replied 5 months ago.
Here is something that you may adapt to the FL foreclosure format and file with theCourt. Be sure to send a copy for the clerk with a s.a.s.e. to file stamp and mail back to you. Also send a copy to the Plaintiff's attorney. It doesn't have to be a file stamped copy. Please rate positively, and thanks for using Just Answer.

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