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I have been divorced since 2006. On the divorce she was granted the house and i got my own. She is now going into forclosure and i was served papers. I called the attorney that was on the papers i was served on and she says that because i was on the deed originally that i am still being sued for the forclosure. my credit cannot take a hit of forclosure on it. the hearing is set for november 4th 2009. What can i do? I have all the divorce papers that states she gets the house.
Submitted: 52 days and 9 hours ago.
Category: Legal
Value: $18
Status: AWAITING CUSTOMER ACTION
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State/Country relating to Question: Florida
Already Tried:
calling the lawyer and my ex wife. I dont know what else i can do.
Posted by
Christina Fortunato, Esq.
52 days and 9 hours ago.
Info Request
Hi bones,
Is your name still on the mortgage?
Edited by Christina Fortunato, Esq. on 9/29/2009 at 5:00 PM
52 days and 9 hours ago.
Reply
no it was never on the morgage, but on the deed. since that time she has gotten a loan on the equity of the house that i never knew about. And the company never contacted me for money or to let me know it was going into forclosure until now when i got served the papers.
Answer
Since your name is
not
on the mortgage (or home equity loan), you have
no
liability for it, or for the home equity loan. It
does not
matter that your name is on the deed. The attorneys for the lender named you on the papers for strategy reasons. They can name
anyone
they want, and they are hoping you will feel responsible and allow them to come after you for the money.
However, even though there is no legal basis for naming you, you should still file an answer explaining that there is no relationship between you and the lender, and that your name should therefore be removed from the foreclosure action.
Edited by Christina Fortunato, Esq. on 9/29/2009 at 5:30 PM
Expert:
Christina Fortunato, Esq.
Pos. Feedback:
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Accepts:
Answered:
9/29/2009
Attorney
Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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