Q: My wife and I just got served with papers for a foreclosure on a house that her sister and deceased father own.
They say my wife is her fathers heir so she is also responsible and so am I since I am her spouse. This house is located in the state of New Jersey.
Are we responsible for a mortgage that we never signed for?
A:
You are not responsible, however your wife would have the option of being a part owner subject to the mortgage since her father passed. If the house could be sold for a profit and pay off the mortgage your Wife would be able to share in that money.
If your wifewants nothing to do with the house, she can sign over her rights to her sister.
A: You and your wife have no liability for this property. However, it is standard procedure in a mortgage foreclosure complaint, to name all people who either do or may possibly have an interest in a property. If you are really concerned, you should set up an in person consultation with an experienced mortgage foreclosure defense attorney.
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