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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (973) 798-6131
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
