How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 31975
Experience:  30 years of real estate practice experience.
17897874
Type Your Real Estate Law Question Here...
Loren is online now
A new question is answered every 9 seconds

I am looking for a sample letter to answer a foreclosure

Customer Question

I am looking for a sample letter to answer a foreclosure summons stating, as the only heir, I have no interest in the property. How do I word this?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Florida and yes, I have been served with a summons that I now have 17 days to answer.
JA: Has any paperwork been filed?
Customer: Yes. I've been served with a summons that I have 17 days to answer.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Simply I want nothing to do with the property. The Bank can have it.
Submitted: 8 days ago.
Category: Real Estate Law
Expert:  Loren replied 8 days ago.

I am Loren, a Florida licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

Expert:  Loren replied 8 days ago.

The lender is required to serve everyone who has or may have an interest in the property being foreclosed. That would include you, as an heir.

There is no need for you to file anything, if you do not oppose the foreclosure and have no claim you wish to assert.

You have no personal liability and were served as a legal formality to allow the lender to proceed with the foreclosure.

In other words, you do not have to respond at all. Nothing will happen to you and the foreclosure has absolutely no impact whatsoever on your finances or credit.

Customer: replied 8 days ago.
I was told That I must answer this summons. Is That incorrect?
Expert:  Loren replied 8 days ago.

No, if you have no objection to the foreclosure and have not signed the note, then there is no need to respond. The foreclosure will be entered and the property taken by the lender.

Expert:  Loren replied 8 days ago.

So, no, there is no need to answer the summons, unless you have an objection to the foreclosure.

Customer: replied 8 days ago.
No need to call - I just want the bank to stop harassing me about this property. I don't want it and I can't afford it. The lawyer for the bank said I must answer this in writing to the court. All I want is a sample letter that I can change to state my case. Can you help me?
Expert:  Loren replied 8 days ago.

You have no case to state unless you signed the note. If you are only served as an heir then just let it go to foreclosure. You have no legal obligation to do anything, including answer the summons. No action will be taken against you, despite what you are being told.

Tell the lawyer for the bank to stop harassing you or you will file a claim under the Fair Debt Collection Practices Act.

Customer: replied 8 days ago.
I am looking for a sample letter to answer a foreclosure summons stating, as the only heir, I have no interest in the property. The property is in Florida. I have been served with a summons that I now have 17 days to answer. I talked to the lawyer for the bank and she said I must answer the summons in writing and file with the court. All I want is for the bank to stop harassing me about this property. I don't want it and I can't afford it. I need a sample letter that I can use as a template to state my case so I can file it with the court. The final paragraph must be a request to release me from this case and dismiss me as a party to the foreclosure. Can you help me?
Expert:  Loren replied 8 days ago.

The problem is that the court will not accept a letter as an answer to the summons and complaint. An answer to a complaint has a specific form and format. It is not a letter. It is a response to each individual allegation of fact.

You really do not need to answer the summons if you have no interest in the property. Nothing will happen to you.

Related Real Estate Law Questions