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  #1  
Old 03-31-2005, 04:38 PM
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How to become a party in a Foreclosure?


What is the name of your state? Connecticut
My Ex's house has been ordered foreclosed by sale. The date of the sale is less than a month away. I have a mortgage deed (Statutory Form) filed with the town on the property. My mortgage is listed in the complaint but I am not named as a defendant in the case.
I have the following questions:
1) Do I have to become a defendant to ensure I get the amount due on sale?
2) What form do I submit to become a party to the foreclosure?
3) If I become a party can I settle the debt with the Plaintiff; does that make me the owner or does she still own it then?
  #2  
Old 03-31-2005, 04:48 PM
seniorjudge
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Quote:
Originally Posted by Freeta
What is the name of your state? Connecticut
My Ex's house has been ordered foreclosed by sale. The date of the sale is less than a month away. I have a mortgage deed (Statutory Form) filed with the town on the property. My mortgage is listed in the complaint but I am not named as a defendant in the case.
I have the following questions:
1) Do I have to become a defendant to ensure I get the amount due on sale?
2) What form do I submit to become a party to the foreclosure?
3) If I become a party can I settle the debt with the Plaintiff; does that make me the owner or does she still own it then?
Are you foreclosing?

If not, then if your mortgage is subsequent to (i.e., junior or inferior) to the mortgage that is being foreclosed, then you will get nothing.

You can still bid on it at the auction.
  #3  
Old 03-31-2005, 05:45 PM
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No I am not the Plaintiff or a Defendant in the case.
If it sells for more than the Plaintiff is asking for then do I get anything?

Last edited by Freeta; 03-31-2005 at 05:47 PM. Reason: e
  #4  
Old 04-01-2005, 07:52 AM
seniorjudge
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Quote:
Originally Posted by Freeta
No I am not the Plaintiff or a Defendant in the case.
If it sells for more than the Plaintiff is asking for then do I get anything?
If there is an overage, it MAY go to you. I'd ask the person doing the selling what the law is on this case. I have never seen a foreclosure sale where the seller got more than was necessary to clear the debt, so don't hold your breath.
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