If I’m a tenant who is living in a home to be foreclosed on, do I need to send an answer to the court and attorney?

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If I’m a tenant who is living in a home to be foreclosed on, do I need to send an answer to the court and attorney?

I have no interest in this property and will be moving out. A summons was served to me as the occupant, saying that a lawsuit has been filed against the owners and tenant and we have 20 days to respond.

Asked on April 7, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you don't answer, then you will default in this case (basically, forfeit, like a team forfeiting a ball game by not showing up) and have no right to oppose the foreclosure. But since you apparently do not want to try and fight the foreclosure or have a chance to be heard in this case, that would not matter. So as long as you are prepared to move out or are moving out, you could not file an answer. But before committing to do that, review the complaint and just make sure they haven't accidently or incorrectly listed you as an owner--you don't want a judgment against you as owner. If they did incorrectly describe your relationship to the property, you should answer specifically to correct that.


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