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