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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6527
Experience:  Family Law Attorney
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hi i stop making mortgage payment for about 6 mounths now

Resolved Question:

hi
i stop making mortgage payment for about 6 mounths now the bank is taking me to court i seved with summons,my quistion my name is XXXXX XXXXX mortgage and father only but in the title i have my name and my brother name,is my brother responsible for mortgage?
Submitted: 9 months ago.
Category: Family Law
Expert:  LADY LAWYER replied 9 months ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : To be clear, the mortgage is ONLY in the name of your father, but you and your brother are listed on the title of the home?
LADY LAWYER : Or is the mortgage in the name of you and your father?
Customer:

I am in the mortgage and title

Customer:

Yes

LADY LAWYER : If your brother's name is XXXXX XXXXX the mortgage, he will not be liable for that. The bank still has to sue him though as he is an owner of record on the title, and that means he has an interest in the property.
LADY LAWYER : The bank must sue everyone who has any interest in the property in order to legally take that property interest away from them.
Customer:

Can they put lien on his bank account

LADY LAWYER : No, because they are not suing him as a person who is responsible for the mortgage. As stated, he is only being sued so they can get his interest in the property.
LADY LAWYER : If you were renting the home to a tenant, the tenant would be sued too because the tenant has a "leasehold" in the home. But the tenant would not be responsible for the mortgage.
LADY LAWYER : The only people financially responsible for the mortgage are the ones whose names are XXXXX XXXXX
Customer:

What you recommend for me I don't want the house but I want to stay in as long as possible

LADY LAWYER : You need to defend against the lawsuit by either hiring an attorney or filing your own Answer to the Complaint. If you just don't answer, the bank can get a default judgment against ou and have you out within a few months. If ou do answer (and especially if you have an attorney answer), then you could stay there for up to a few years without paying anything.
Customer:

Can I hire any lawyer

LADY LAWYER : It needs to be a foreclosure defense attorney.
LADY LAWYER : You can find local ones in your area here: www.martindale.com.
Customer:

Thank you

LADY LAWYER : My goal is to provide you with nothing less than excellent service. Have I helped you with your question today?
LADY LAWYER : My pleasure!
Customer:

yes

LADY LAWYER : If you have any further questions, please just let me know. If not, would you kindly consider leaving me a positive service rating before you go? This will cost you nothing further to do but it ensures my continued employment by the site. Thank you so much!
Customer:

you got it

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6527
Experience: Family Law Attorney
LADY LAWYER and 11 other Family Law Specialists are ready to help you

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