Defendent in foreclosure lawsuit for house I sold 12 years ago

[Timm]

What is the name of your state (only U.S. law)? Florida

Bank claims error on the warranty deed I gave current owner - clear copy of warranty deed shows the legal description is correct. Bank is reading a bad copy of the deed (too many copys/FAXing). Can I handle this myself - need to file an answer in 20 days. Should I hire an attorney and can I get the plaintiff to pay my legal expenses.

If I ignore this lawsuit will I automatically lose and have a foreclosure judgement on my record/credit? Since I was not a party to the loan can I be responsible for any monetary damages from the foreclosure lawsuit?


Thanks for your help

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

Bank claims error on the warranty deed I gave current owner - clear copy of warranty deed shows the legal description is correct. Bank is reading a bad copy of the deed (too many copys/FAXing). Can I handle this myself - need to file an answer in 20 days. Should I hire an attorney and can I get the plaintiff to pay my legal expenses.

If I ignore this lawsuit will I automatically lose and have a foreclosure judgement on my record/credit? Since I was not a party to the loan can I be responsible for any monetary damages from the foreclosure lawsuit?


Thanks for your help

DO NOT ignore this lawsuit. I would not recommend handling it yourself. Get yourself an attorney.

 

[OHRoadwarrior]

Ditto. This appears to be an easy win IF YOU HAVE A LAWYER.

 

[Timm]

I just hate to send my money defending myself against a firvolous lawsuit - can we sue to recover attorney's fees

 

[Timm]

The bank states the legal in the warranty deed reads "1 5 feet" and interprets it as 15 feet - obviously after many copies the decimal point has disappeared. The actual clean copy of the deed reads 1.5 feet which is correct - they have a bad copy and you would think they would pull a new copy to verify this dicrepancy rather filing this suit and putting me through this agrivation. I have extensive business with this bank and senior contacts and have threaten to go elsewhere! I noticed the plaintiff attorney just filed a motion to Quash - whatever that means.

 

[Zigner]

So, when you sent in a clear copy, what did the bank say?

 

[tranquility]

No one can guess if you can handle this yourself. Your defense may be easy, or technical, or quite difficult in both facts and law. However, since this seems something that might be easy to solve and, if an error is made, EXTRAORDINARILY EXPENSIVE to pay off; I see a need for an attorney. Sure, a few hundred that you wouldn't otherwise have to spend is galling. But, if you lose the result could be thousands. (If not hundreds of thousands.)

I would try to get out from underneath by showing the other side's attorney the deed. Don't trust them to make a decision before the deadline. You *must* answer, even if they say they think you are blameless. Since you could lose some affirmative defenses if you don't plead them properly, unless you have a good understanding of the law, I'd get an attorney now.

 

[FlyingRon]

They have to name everybody in the foreclosure who MIGHT have a interest in the property. Did you ask if you can sign a release of claim with them to get off the suit?

 

[Timm]

The bank is very large and impossible to locate anyone who can remove me from this lawsuit. Going to try and contact the foreclosure dept tomorrow, although doutfull this will do anything.

Even the answer to the summons seems complicated and I'm not interested in becoming a lawyer in the next 2 weeks. So I'm interviewing several Sarasota attorneys specializing in foreclosure defense. They have said this lawsuit is ridiculous and relatively simple to dismiss. Let's hope that means inexpensive.

Wish I could ding the bank monetarily since that's really the only thing they understand - of course it would come from TARP money.

Thanks for your comments and further ideas are appreciated.

 

[Timm]

Apparently a bad copy of the deed was recorded at the county and the bank is justified in suing me to remove my interest in the property. My attorney feels the bank will prevail in the suit and no point in contesting it.
In the future I will have to explain why I have a foreclosure judgement against me - since I was not a party to the loan it should not affect my credit.

 

[Timm]

I wondering if I should file a quit claim deed and answer the summons requesting to be dismissed from the lawsuit - still concerned this will affect my credit if a judgement is entered in my name.

First attorney said it wasn't worth my time/money to fight this suit since I'm being sued only to reform the deed on record.