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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?
I am in the mortgage and title
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.
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
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.
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.
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LADY LAWYER : My pleasure!
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