Q: How can I get my name off a deed to a house that I do not own and the owner (my mom) is being sued?
my mom has a lawsuit against the insurance company for refusing to fix the stucco that is falling off due to water damage. She doesn't have the funds to fix it on her own and the hoa is aware of the situation but still filed a lawsuit against her and me for not maintaining the housing. The only thing my name is on is the deed. What do I do? I don't even live at this house.
A: Removing your name from the deed will not remove you from the lawsuit. Financial hardship is not a defense to a lawsuit by an HOA for failure to maintain the property. The court is not going to expect the HOA to wait until your mother’s lawsuit with the insurance company is completed. She could win or lose that case. The court will likely issue an injunction ordering you and your mother to fix the house. If the court order is violated it could lead to the court holding you both in contempt and jailed.
You should consult with an attorney immediately. This matter is very serious.
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