My father passed away last October and had a (mortgaged) property in Florida. He had a reverse mortgage on it, so the value of the home at this point is well below the amount he owed on the mortgage.

I (and my sisters) received a Civil Action Summons from Sarasota County with the Plaintiff being the Mortgage company and us being the Defendants. It asks for written response to the attached Complaint ("Complaint for Foreclosure")

The person who served the summons stated that Florida is the only state that does this, and it is common. We want the bank to just foreclose and do not want ownership of the property.

How do I respond to the Complaint? Are they just looking for the go ahead to foreclose and we need to give them that affirmation?

First why are you named, they should name the deceased person and their estate unless you all are on the deed, or signed for the loan.

Your father's estate would be responsible for any shortfall. Did he leave an estate? Were you served as a representative of the estate?

No, it appears to me that the mortgage company is looking for its money. Your father has been dead 8 months. How long has the house been up for sale? How did the mortgage company respond to your letter advising that he had passed away?

Here's a good site, not privately sponsored. http://clerk-web.martin.fl.us/ClerkW...urces-MCBA.pdf

I'm sorry for your loss - hard enough to lose someone without going through all of this.

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Originally Posted by eap111

The person who served the summons stated that Florida is the only state that does this, and it is common.

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I'm wonder if this is just Florida's way of recovering their interest in the Reverse mortgage. Maybe they have to do a foreclosure. Though it bothers me that you are named as a defendant.

I would check with the lender and ask for an explanation. If you are not happy with it get an attorney.

He did not leave an estate. Nor have I been named as representative of the estate. He had no assets upon death - just the house which is in the red. The bank owns the house and hence is the Plaintiff. From what I understand, Florida is the only state that does this (the person delivering the Summons stated this).

The Civil Action Summons states the Mortgage company as the Plaintiff and a laundry list of Defendants. "The unknown, spouse, heirs, devisee, granters, assignees, lienors, creditore, trustess and all other parties claiming an interest by, through, under or against the estate of (my father's name); (insert my name and my sisters names here), United States of America, acting on behalf of the secretary of houseing and urban develeopment; unknown tenant #1, unknown tenants #2; all other unknown parties claiming interests by, through, under, and against a named defendant who are not known to be dead or aive..."

Part of the summons contains the letter from the Law Office representing the Mortgage Company. It state's "To whom it may concern: This firm has been retained by Generation Mortgage, the servicing agent for the above named (mortgage company), to initiate a lawsuit to foreclose a mortgage that (my father's name) executed on (insert date)." Then at the end: "This law firm is seeking solely to foreclose the creditor's lien on the property. This law firm will not be seeking a personal money judgment against you."

JudyKeyTee and others thank you for your feedback and link - I will read over it!

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Originally Posted by eap111

Then at the end: "This law firm is seeking solely to foreclose the creditor's lien on the property. This law firm will not be seeking a personal money judgment against you."

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Based on what you just posted (especially the quoted part) I think I'm right. This is a requirement of Florida law. Basically it says that the plaintiff is exercising its rights under the reverse mortgage and severing the rights of ANYONE else to a claim against the property.

In other words its legal CYA. I wouldn't be too concerned about it.

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Originally Posted by eap111

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The person who served the summons stated that Florida is the only state that does this, and it is common. ...

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The only state which does what? Sues everbody and his/her aunt, uncle, & dog?

I work in the mortgage foreclosure industry here in Florida. It is common that unknown spouses, unknown occupants, etc. are named in a foreclosure lawsuit. But since they are not seeking a deficiency, you have nothing to be concerned about.

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Originally Posted by AK lawyer

I work in the mortgage foreclosure industry here in Florida. It is common that unknown spouses, unknown occupants, etc. are named in a foreclosure lawsuit. But since they are not seeking a deficiency, you have nothing to be concerned about.

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I was waiting for you to chime in here. My question is whether a lender HAS to use a foreclosure law suit to gain title to a property involved in a reverse mortgage?