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Back this summer I received a notice of foreclosure on a property that I previously lived in that was owned by my now ex husband. At the time I did hire a lawyer to write up my answer and explain that although I signed the mortgage for homesteaders rights purposes, I am not on the note, the loan or any other paperwork with the lender. This was filed pro se as he only did the answer for me to save cost. I have not heard anything since July regarding this issue and now I just received notice of a summary judgement hearing this monday, 4 days from now. I am unable to attend this hearing at such short notice due to my job. What can happen now? And how can they put a foreclosure judgement on my credit if they don't even have my social or any other information about me? Will the judge now be able to review my documentation showing that I am not on the note or loan and find in my favor even if I am unable to attend or do they automatically find for the plaintiff in default? And what recourse do I have after a judgement has been made?

smithsussane · Posted: Thu Dec 04, 2008 8:41 pm Post subject:

Hi mdaop!

Welcome to forums!

If your name is not on the mortgage note or on the deed, then you cannot be made responsible for the mortgage and foreclosure actions cannot be taken against you. I think you should consult an attorney and show him the documents and the paperwork.

The attorney can also be your representative in the court. He will also be able to guide you with the steps you need to take after the judgment is passed. As far as foreclosure judgment on your credit is concerned, the lender can inform the credit bureau and they will update the foreclosure judgment in your credit report.

Feel free to ask if you have further queries.

Sussane

jheard · Posted: Sat Dec 06, 2008 10:35 am Post subject:

It is too late. On Monday you will have a summary judgment entered against you.

You should have prepared, filed, and provided the court with a copy of a Quitclaim Deed renouncing any interest in the property. Then you would have been dismissed from the case.

Guest

But I did hire a lawyer and he is the one who put together the answer that I filed with the court and stated to me that the documents I provided, i.e. the mortgage note and deed that do not reflect my name or signature as well as the loan documents, were sufficient to remove me from the suit. I contacted the plaintiff lawyer and was told that they were not going after me "personally" and that I was not being held liable for anything monetarily but when I asked if this was a judgement of foreclosure against me that would affect my credit, the questions was not adressed. I ask again though, if they do now have my social security number, how can any information be put upon my credit?

Niicss · Posted: Tue Dec 09, 2008 2:34 am Post subject:

Hi mdaop

If your name is not on the mortgage docs or property deed, then your credit will not be affected in any way. Moreover they are not making you liable for the payments. Thus, putting the foreclosure on your credit will not come into question. If they are not answering your question i.e whether the foreclosure will affect your credit or not, I think you should ask your attorney to speak to them.

Thanks.

I am on the deed. I have a documented quick claim. I am stated in my husbands will to receive/ inherit our home. I am not on the note.The mortgage payments are in my husband's name only. The property taxes are in my name only. Should my husband pass before me...Will I be able to keep our home?

smithsussane · Posted: Mon Mar 28, 2011 11:34 pm Post subject:

Hi Guest!

Welcome to forums!

As your name is mentioned on the property deed, you will be considered as one of the owners of the property. You will be able to keep the property but you will have to refinance the mortgage in your name and pay off the mortgage dues in full.

Feel free to ask if you've further queries.

Sussane

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Not on mortgage note or deed but filed foreclosure against!

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