What to do if I’m trustee of my mother’s estate and I’m being sued for the balance of my mother’s mortgage because her house is in foreclosure?

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What to do if I’m trustee of my mother’s estate and I’m being sued for the balance of my mother’s mortgage because her house is in foreclosure?

I received a summons nd must respond within 20 days. I did not co-sign her loan but I am a trustee to her estate (which she’s about to lose). Do I need to hire an attorney?

Asked on May 15, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, I would speak with ana ttorney becuase you are the fiduciary of her trust and you want to make sure that everything is above board.  There are a lot of details here that need to be known in order to get to the bottom of what is going on.  You need to take steps to either give the house back to the bank (a deed in lieu of foreclosure) or short sale but just make sure that the defeiciency is waived. Good luck.


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