When I was served with process to a foreclosure complaint, the process server asked if any other person lived in this property. Of course I told him the truth that, yes, my son lives here too. So he gave me a Tenant #1 summons. A judge recently denied my attorney's motion to quash summons and motion to quash service of process on both of us. Today I received his order in the mail (addressed as xxxx xxxxx, tenant #1) and now my son is being listed as a defendant and is required to answer and respond to discovery. He is not on the note or the mortgage. He is not involved with this foreclosure at all. Now I am worried that I have made him a party to this and it will go against his credit. What can I do (or require my attorney do) to remove him from this lawsuit?
Please understand that a foreclosure is an effort by the lender to remove all interests in the property, whether it be an owner's interest, a spouse's interest, a tenant's interest, or a guest's interest. Therefore, it would not be proper to have your son dismissed from the case.
Your son can respond to the Complaint by stating he is just a guest or just a tenant in the property and that he owes no money whatsoever to the creditor, or he can not answer at all and be in default. Either way, he will not be held financially responsible for the debt.
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2 lawyers agree
Residential Real Estate Lawyer
The simple answer is yes, they can. This is so that when the property is sold they can have him removed without filing an eviction.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Family Law Attorney
In short, yes they can list your son as a defendant. A foreclosure action is an attempt by the lender that has a loan secured by the property to obtain clear and marketable title to the property. They will notify anyone that may have a possible interest in the property including individuals that are know to live there. Your son can either file a motion dismissing him from the action or could allow a defaul to be entered but in any respect he will not owe for the debt associated wtih the home. If you would like more information on this topic or have questions regarding your options when facing a foreclosure please contact me.
Michael Ferrin, Esq.
Anderson & Ferrin Attorneys at Law P.A.
1214 E. Livingston St
Orlando, FL 32803
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements