Q: Why is my name appearing as a defendant in my landlords foreclosure lawsuit? And do I need to worry?
For 5 years A friend and I rented a couple rooms at house owned by another friend to assist with the mortgage after her husband left. The three of us lived in the house together. We did not have a lease and paid cash every month. I am aware of the big mistake this was. Two years, just before I moved out, someone came and I answered the door, claimed it was my residence and was handed foreclosure papers. I was already in the process of moving out, so after contacting my then landlord, I left.
Last summer I received a large envelope from the bank containing the lawsuit and my name appeared on the documents as a defendant. Immediately concerned I called my former landlord to see what was going on and was told they were trying to get a hold of her through me.
Just yesterday I was informed that the foreclosure listing was in the paper with my name still attached to it maybe two weeks ago I am calling the bank in the morning to see what is going on. Do I have to worry?
A: What I cannot understand from your post is whether you are on the mortgage or not. You could be named as a tenant, in which case you can ignore it. But if you are obligated on the mortgage debt, then you need to get involved.
1 user found this answer helpful
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.
