I received a civil action mortgage foreclosure complaint. In the complaint, there are judgements listed against me, however, I am not the person in these cases. I would like help and representation in determining how to remove these from the complaint. Any help is greatly appreciated.
In a foreclosure complaint, all people and entities that can possibly have or do actually have a claim against the subject property are listed. You cannot have anything removed from the foreclosure complaint, nor does it mean anything to you. What you need is to retain an experienced mortgage foreclosure defense attorney.To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The lender that filed the foreclosure case was required to named everyone they thought might assert a lien against your property. This often includes judgments against people with names that are similar to your name. If the judgment is not against you, the extra lien-holders will not respond to the foreclosure and their rights will be defeated without you having to do anything. If a lien-holder files an answer and asserts that the lien is valid, then you should take steps to protect your rights. Until then, there is nothing to do about the extra defendants.
On a more general note -- you should consider hiring an attorney, especially if you want to keep the property. The foreclosure and modification processes are complex, and it is hard to handle it yourself without messing something up.
This answer is given for educational purposes only. I don't know nearly enough about your case to make any advice I give you reliable. Unless and until I agree in writing to become your lawyer, nothing I say should be interpreted as legal advice.
If there are judgments entered against you in your County Clerk's Office, you'll have to either (a) file a Motion to Vacate Judgment with the Court of Record or (b) contact the Creditor(s) and request that they voluntarily vacate and release you from liability. If there are no judgment entered against you on the public record, the fact that they are listed in the Complaint has no bearing upon their validity.
Consider consulting this matter with an New Jersey-licensed attorney if you do not fell comfortable addressing it on your own behalf.
Good luck with your case!
Jonathan D. Warner, Esq. is an attorney and licensed to practice in the State of New York. This answer is provided for informational and/or entertainment purposes only. It should not be relied upon as legal advice, which can only be offered to clients in an office consultation setting, after all of the facts and circumstances of a case or controversy can be fully considered and reviewed. No attorney-client relationship should be inferred by virtue of any answers posted. We are a debt relief agency and help people file for bankruptcy.
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