Articles Comments

Debt Relief – Insolvency – Bankruptcy Information » Foreclosure Help » In the state of Florida is it customary to include tenants as defendants in a foreclosure final judgement?

In the state of Florida is it customary to include tenants as defendants in a foreclosure final judgement?

We are not owners and have no interest in the property. We were renting from a family member. All documents regarding the foreclosure were in the family member’s name only and when the final judgement was delcared our name was included as defendants. This is now public record and can be picked up by the credit agencies and would affect our credit. What can be done? Sent a letter to the attorney who is handling the case to have the information amended by certified mail, return receipt requested. It was signed for on 8/1/06 and to date we haven’t received a response, even included phone number on letter. Is there anything we can do? I am going to contact ACAP on Monday to see if they can assist, and if not we will file a complaint with the Florida Bar Association. Any information will help. Thanks.


  1. Did the final version of Foreclosure Act include the $7000 credit for the purchase of a foreclosed home? I purchased a foreclosure in June 2008. I know the Foreclosure Prevention Act underwent many revisions. Does anyone know if...

  2. Foreclosure Lawyers Deal with Judgement Judges are scrutinizing foreclosure deals much more closely and lots of of them have pulled up a variety of lawyers...

  3. Legal Help : Definition of Tenants in Common The simplest definition of tenants in common is a property ownership by two or more persons. Learn how with...

  4. I was due in court for a judgement hearing on my foreclosure. My attorney said I didn;t have to be there.? He didn’t show up either. The mortgage company was granted judgment in their favor? Was he negligent by not showing...

  5. Can you include unpaid attorney fees in a bankruptcy? My ex husband was court ordered to pay half of my attorney fees. Now, my ex husband filed for Chapter...

Written by

Filed under: Foreclosure Help · Tags: , , , , , , , ,

2 Responses to "In the state of Florida is it customary to include tenants as defendants in a foreclosure final judgement?"

  1. dizneeland says:
    Tenants are generally joined because in many cases tenants will claim an ownership interest in the property (including a lease) and the creditor doesn’t want to have to relitigate.

    You should be able to be dropped from the lawsuit by submitting an estoppel letter which states that you claim no interest in the property. You should see an attorney for this.

    Remember, initial consultations should be free.

  2. Andy says:
    You have an interest in the property because you hold a lease on it. In a foreclosure, your rights need to be settled. The mortgagee may wish to sell the propery vacant.

    The fact that the landlord is related to you raises the issue of whether full market value was paid under the lease, or whether it was a “fraudulent transfer”. That you are included in the lawsuit does not mean there is a judgment against you, nor that your credit was harmed — although that might be the case.

    You really should consult a lawyer who is licensed in Florida and who is knowledgeable about your situation. If you can’t afford a lawyer, there must be a free legal advice center in your county; at least I hope so.

Leave a Reply

Connect with Facebook


You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Not finding what you're looking for?
Do a custom search of our entire site:

Get Adobe Flash player