I was divorced three years ago. In Division of Assests: Marital Home, my husband agreed to buy out my share of equity and effectuate a refinance or assumption of mortgage within 120 days to remove my name from the mortgage. I paid $3000 towards closing costs. I signed a quit-claim deed and received half the equity of the marital home. He did not refinance. I just received a summons that a foreclosure suit has been filed against me and everyone under the sun. I am not on the note however my name is still on the mortgage. How do I respond to the summons and how do I keep the foreclosure from going on my credit report?
Generally, in a mortgage foreclosure action, lender's counsel takes a "shot-gun" approach when identifying defendants. They want to be sure that they name everyone who could possibly have any interest in the property as a defendant in the action. You were named as a defendant because you were an owner of the property. If you are no longer in title to the property and are not on the note, I would recommend that you respond to the summons that you no longer have an interest in the property and do not claim any interest in the property. Since you did not sign the note, the foreclosure should have no effect on your credit.
General Practice Lawyer
IF and IF you are not on the Promissory Note then this foreclosure will not affect your credit.
Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship. Thank You
I agree with other response. If you are not on the promissory note it does not affect your credit. Since you were married and this was your homestead property, you needed to join in on the mortgage. The bank needs to foreclose anyone's interest in the property and that is why you were served with foreclosure complaint. You can either ignore the complaint and be defaulted or file a simple answer and then can be aware of status of case, as you receive copies of all pleadings filed.