If a house that my husband had before we were married is being foreclosed on, can the mortgage company come after me as well?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a house that my husband had before we were married is being foreclosed on, can the mortgage company come after me as well?
I got a letter yesterday about a motion for default got another letter same day for motion to withdraw default judgment. What does the withdraw mean when I have a court date on 11-9-10?
Asked on October 13, 2010 under Real Estate Law, Kentucky
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Are you listed on the mortgage or the deed to the property? If you are listed on anything then you will be served with notice. Even occupants of the house are served by the mortgage company just to make sure that they have all their bases covered. If you are on the deed then the foreclosure may effect your ownership interest and you need to be notified of that fact. If you are an "occupant" with the status of say a tenant in their eyes then your occupancy will be effected and you need to be notified of that as well. But the only way that you can be held liable for the mortgage is if you are a co-signor of the mortgage. Otherwise, they can not come after you. The motion to withdraw the default means that they are not seeking a default judgement against you or those named in the motion. A default means that the action was begun and the parties have not answered the complaint served upon them. Get some help with all of this. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.