I didn't sign the note but lender has included me in foreclosure proceedings. What should I do?

Vero Beach, FL Viewed 44 times. Posted 21 days ago in Foreclosure

they said they lost the note and the copy they included in the foreclosure documents does not have my name or signature on it. I think they are trying to get a deficiency judgment against me to increase the likelihood of recovering money. Although this property was purchased by my husband I was not a party to that transaction and any interest I may have had in the property I relinquished by way of a quitclaim deed that was recorded over a year ago.This is not the original lender and it is not the lender my husband had been dealing with over the last year. They are asking the court to re establish the promissory note and I am concerned that if the court allows that then this lender will say I am obligated even though I never signed the original promissory note.

Answers (2)

Margery Ellen Golant

This attorney is licensed in Florida and 1 other state. Posted 21 days ago.

While technically they have no rights against you if you did not sign the note, unless you are vigilant and protected by an attorney who understands this are of law, you could still find yourself in jeopardy. The foreclosure firms are very pushy and take advantage of the fact that people often don't respond properly to get away with things they are not entitled to get away with.

The best thing you can do is to retain knowledgable foreclosure defense counsel to represent your interest properly.

Golant & Golant, P.A.