Not on Mortgage Note or Deed But Being Sued for Foreclosure?

gonewest2 · Joined: 11 Nov 2008 Posts: 1 2.00 Dollars($)

Hi, I'm stressing big time trying to determine if I am financially liable in my situation: I received a Summons and Notice of Lis Pendens for the foreclosure on a home I USED TO live in with my former fiance. At the time we wanted to buy the home my credit was so-so and his was excellent, he didnt want a bad interest rate on the loan so he insisted we run only his credit to get the loan. Problem is, we are no longer together, I moved out a year ago, and I found out he walked away from the home in June and hasnt made a payment since April 2008 now its being foreclosed on and they are sending me notices as though I'm involved. If I am not on the mortgage note, but am mentioned on mortgage paperwork that we processed at closing (since I was paying 1/2 the mortgage this was to establish residency and protect me as far as I knew), I am no longer on the deed (I double checked with the county and its in his name only), all taxes and property appraiser records show his name only, he was the only one who signed and initialed the actual mortgage note and all payments and paperwork from Countrywide were always in his name only. If this is the case, why am I being sued? or is that just a formality ? I need to know if they can mess with my credit (which I have finally brought up to 700's) Can you please set my mind straight one way or the other?? Thanks so much!! (I'm in Florida)

gmakerley · Posted: Tue Nov 11, 2008 11:39 am Post subject:

gone, you mentioned that you are "no longer on the deed." that gives me the impression that you once were. if so, that's why you're being served. if you were an owner of this property at the time that the mortgage was granted, then the foreclosing lender must serve you.

that you no longer have any interest in the property may not be relevant to them (depending on the jurisdiction you're located in), or perhaps they simply overlooked your lack of ownership interest in the property.

what i'd suggest now is for you to contact an attorney who can iron out these facts for you and eliminate your consternation.

Guest 0.10 Dollars($)

Thanks George but I already went that route and the attorney wanted $1700.00 before he would even speak with me, if I had the money that's what I would have done, I don't have anything (I wasted thousands of dollars fixing up the house that my ex fiance has let go) my savings is completely gone now. I was trying to find an answer in general if someone isnt on the note and no bills ever came in their name and they arent on the deed (but were in 2006) would they be financially responsible is what I need to know, if anyone out there can tell me this I would greatly appreciate it

jameshogg · Posted: Tue Nov 11, 2008 8:28 pm Post subject:

Hi GoneWest2Again!

It would have been better if you would have followed George M. Akerley's advice of consulting an attorney. However, as it is not possible for you, I would suggest you to speak to the lender and show him the documents which states that your former fiance had taken the loan. You can also show the document which states that you presently do not have any interest in the property. May be the lender would consider your case.

Thanks.

jheard · Posted: Wed Nov 12, 2008 8:04 am Post subject:

They probably sued you as a formality, but you cannot let this go. If you ignore it, you will receive a foreclosure judgment on your credit history. In the future, creditors will not be able to tell whether you were on the mortgage or not, it will just appear as a foreclosure judgment on the public record.

You can do this yourself, or you can hire that attorney. $1,700 is about right for a fee for this. You will likely recover attorney's fees at the end, so you will probably get this money back.

First, you must respond to the lawsuit. You must file a written response with the court. There is usually a form for this; check the clerk's office, or your local county law library.

Next, prepare, sign and notarize, and file a Quitclaim deed. Then, send a copy to the plaintiff's attorney and request in writing to be dismissed from the lawsuit. If they deny your request threaten to file a "motion for summary judgment with costs". You can also raise the issue at the first court appearance (usually a status conference).

If the attorney still denies it, or more likely, just ignores you, you should hire an attorney to file the motion. Include a request for attorney's fees. If the judge denies the request at the motion, you can request attorney's fees when judgment is entered in your favor.

Good luck! Do not ignore this.

gmakerley · Posted: Wed Nov 12, 2008 8:14 am Post subject:

despite your disclaimer, jheard, i recognize good advice from a legal standpoint.

as i've said previously, i am so gratified that quality people with quality advice have happened along on this site. i hope gonewest follows your advice, and that in doing so, it will be fruitful.

keep it up!

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