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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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my soon to be ex wife lost our house .. i was never on title..

Resolved Question:

my soon to be ex wife lost our house .. i was never on title.. now an eviction shows up on my record.. how can i take it off...
Submitted: 5 years ago.
Category: Legal
Expert:  JPEsq replied 5 years ago.
When you say an eviction appears on your record, do you mean a foreclosure appears on your credit report?
Customer: replied 5 years ago.
not a foreclosure but an eviction... my ex bought the house in her name on a first time buyer program so i couldnt be on title.... then the house was foreclosed on in 2009....i tried to rent an apartment and they said i had an eviction on my record ...
Expert:  JPEsq replied 5 years ago.
I don't know anything about that or why that would be there, so I am going to opt out and open your question up to the other experts. Hang tight.
Customer: replied 5 years ago.
ok
Expert:  J.Hazelbaker replied 5 years ago.

Hello. Thank you for using JustAnswer.

When a property is foreclosed and sells at auction, the winning bidder (usually the bank holding the mortgage) will sometimes attempt to force the former homeowner out through an eviction.

Since the homeowner was married at the time, they would include you in the lawsuit. Since they likely served the lawsuit on your wife, but not you, and, apparently, your wife never told you, a default judgment was likely entered against you.

You can challenge that judgment by filing a "motion to vacate" in the court that issued the eviction order.

However, you can also file a dispute with the credit reporting agencies asserting you were never evicted and demanding that they prove that you were properly evicted. Here's a web address that describes how to do that:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.


J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
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