What should a response be for a suit for foreclosure when you are listed as
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What should a response be for a suit for foreclosure when you are listed as
I have been served lawsuit papers for a foreclosure and am wondering if it is necessary to even respond as I am not being sued for the money only my ex-husband, I am listed as in rem. I do not want the property back nor any involvement to it, so should I respond and if so what should I respond?
Asked on September 18, 2018 under Real Estate Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You were served to give you the chance to try to intervene, if you wanted to. But if you are not on the loan and so are not personally liable, and do not care about the property, you don't need to do anything...or, as a slightly better course, send the bank's lawyers a letter by certified mail stating stating that you have no interest in the property, will not be opposing the foreclosure, and asking if there is anything you can execute voluntarily giving up your interest in the property. Depending on how you and your ex-husband owned it, it may be possible to give your intest to the bank and then not have to involved in or named, even on an in rem basis, in a lawsuit. But alternately, you could simply not respond and not appear at any trials, hearings, etc., since you don't have a stake in the matter.
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