Lake Havasu City, AZ asked in Real Estate Law for Wisconsin

Q: My wife passed away and our house mortgage was in her name and I also signed but now bank of america is foreclosing and

I found out that they listed my name wrong on the mortgage. They have filed suit against me as I co-signed but can they do that with the name wrong on the origional papers. Or can I ask to have this suit dismissed because I am not the person listed on the note? this happthe suit was filed after I moved here to AZ.ened when I lived in wisconsin but

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1 Lawyer Answer
Nick Passe
Nick Passe
  • La Crosse, WI
  • Licensed in Wisconsin

A: I highly doubt any judge would dismiss the case on the technicality you describe. Besides, one of the documents you probably signed when you took out the mortgage will obligate you to assist with correcting small scriveners' errors like the one you describe. Did the bank take a deficiency judgment against you or did they opt for the shorter redemption period? Either way the bank is going to get the property but one way you won't end up owing them money.

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