My ex-wife's house is about to be foreclosed upon. She is the sole owner and the mortgage is in her name. Her live in boyfriend (5 Years) is named as a defendant in the action. Why would he be listed in the action if he has no stake as owner or listed on the mortgage? What are the ramifications of him being named on the action. thanks.
When a lender files a foreclosure complaint, they name all the legal owners of the property, as well as anyone who could have an interest in the property. You mentioned that your ex-wife is the sole owner, but you did not state if you had any ownership interest in the property. You may have liability for the debt. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NY mortgage foreclosure defense attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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If ex boyfriend is not on deed or mortgage, then I imagine the bank is trying to cut off his occupancy rights, if any. At the conclusion of the foreclosure action, bank does not want occupants to claim that they have a right to remain in the premises; this is why the bank always names the occupants as defendants. Even if the boyfriend no longer resides there, i imagine there is public information somewhere wherein he listed the premises as his address.
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