Don't be, I am not stressed...yet. I was handed a pile of documents. It states in the front, You ARE COMMANDED to serve this Summons and a copy of the complaint and Notice of Lis Pendens in this lawsuit upon the below-named defendant ...then My name and my wife. Also listed are the original buyers and even the Home Owner Association. We have 20 calendar days to respond....but I don't know what response they are looking for. They state clearly the problem in the legal description of the property contained an error and basically the phrase "VILLAGE 10" was omitted....no other change. Above reads "Inadvertently and contrary to clear intentions of the parties to the Warranty Deed, a scrivener's error resulted in a mutual mistake....yeah...ok I get that. It goes on to state that it is to reform the mortgage. There is other stuff about buyer but what is concerning is the statement that my name and my wife's names are XXXXX XXXXX that we are also bulleted "we may have or claim an interest in the property that is subject of the foreclosure action by virtue of possible defects in that certail Warranty Deed recorded in the Officil Records relating to a defective legal description which defects render the deed ineffective to convey the property or may otherwise claim an interest in the property"...they lose me there. Are they implying we are no responsible for the bank getting its funds?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).