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I was named in ex-husband's foreclosure. I'm not a proper party as I'm divorced, and I'm not on the mortgage or the deed.

Chicago, IL |

I was served with the complaint last night. I have no interest in the property. I was on the former deed, and also waived right of homestead and may be why I was named.

What steps can I take to remove myself from this action? I have to act pro se in this matter as I am in a DMP, and cannot afford additonal debt.

Attorney Answers 3


  1. Best answer

    You were named in the complaint because you are someone with, arguably, an interest in the property (for all they know, you could still be living there). For this reason, complaints will also name "unknown heirs and legatees" or "unknown occupants." So, assuming it is true you did not sign a note or assume the mortgage in some fashion, you will not be held liable for the debt.

    This post is for general purposes only and is not intended to create an attorney-client relationship. Please consult an attorney for specific legal advice for your situation.


  2. You need to contact a local real estate attorney to protect your credit. You also need to pull your credit and make sure it has not affected it in a negative way. If it has you need to do a QWR with the mortgage company.

    Arnold & Wadsworth
    http://www.awdivorceutah.com


  3. Consult with a real estate attorney in person to be sure things are as you believe them to be.