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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

Posted

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.

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2 comments

Asker

Posted

Thanks Sandra. I called the attorney for the mortgage company and he told me the same exact thing you said. I faxed him the divorce paperwork and he said he's only interested in the title, since I'm not on the mortgage. Thanks for your response.

Sandra Margaret Emerson

Sandra Margaret Emerson

Posted

You're welcome! Glad to hear it.

Posted

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

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Posted

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

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