Dunkirk, NY asked in Foreclosure and Landlord - Tenant for New York

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?

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

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

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