We own one home in my name and one home in his name. We are foreclosing on the home in his name and are concerned that the mortgage company may put a judgement against the home in my name? Can they do that?
Real Estate Attorney
If you are not on the deed to his house and you did not sign the note to his mortgage company, no, they cannot get a judgment against you and cannot lien your house. If you co-signed his mortgage and note, then yes, they can get a judgment against you, which would be come a lien against any property you own. Is your house your homestead? If so, either way his mortgage company cannot foreclose against your homestead.