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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42851
Experience:  Texas Attorney for 30 years dealing in real estate
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Just received a civil action summons. To: ***** ***** of

Customer Question

just received a civil action summons. To: ***** ***** of Mira D. Hebert, my wife, for a house she sold in Navarro Fl. 2006, we were married in 2005, I never lived in the home, I was living working and living in Texas prior to our marriage when she put her home up for sale and moved to Texas. They are foreclosing on the home, however, in Section 11, it states. Possible Spousal Right: Defendant, Unknown spouse of Mira D. Hebert, is joined by virtue of any right, title or interest said Defendant may claim as a results of the lack of Homestead Stats for the Grantor in the Deed Recorded in Official Records Book 2616, Page 512 in Santa Rosa County, Fl. Said interest is subject, subordinate and inferior to the lien of the Mortgages held by Plaintiff. What does this all mean ??
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert here helping you today. The lender here has to notice everybody with potential of an interest.They just noticed you as a CYA kind of thing.You likely do not have a title interest but they don't want a defective foreclosure and this protects them from that.If you were married to this persona at time they bought or gained title to property then you might have had a marital interest in it. If you aren't interested in it you need do nothing here.They just did this to be safe to avoid any potential claims here by you.You would have at most a partial interest, you would have to talk them into you making the loan current and then you would at best only have a partial interest.Here it makes sense to just ignore it and let them reclaim it.You are not on the loan here and not liable for it, this concerns title here only and potential claim to part of the house as a result of the marriage. I don't think you should do anything here but let it go into foreclosure, it would not make sense to try and reclaim a a partial interest at best. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.