mortgage foreclosure

[joebob1997]

What is the name of your state (only U.S. law)? south carolina

i have been listed as a defendent in a mortgage foreclosure against a man i have a $250 small claims court judgement against. the law firm says it is a formality, however i do not like being listed as a defendent - is there a way to expunge myself from the proceedings?

[HomeGuru]

Originally Posted by joebob1997

What is the name of your state (only U.S. law)? south carolina

i have been listed as a defendent in a mortgage foreclosure against a man i have a $250 small claims court judgement against. the law firm says it is a formality, however i do not like being listed as a defendent - is there a way to expunge myself from the proceedings?

**A: first tell us what connection you have with the plaintiff and the man.

[nextwife]

Originally Posted by joebob1997

What is the name of your state (only U.S. law)? south carolina

i have been listed as a defendent in a mortgage foreclosure against a man i have a $250 small claims court judgment against. the law firm says it is a formality, however i do not like being listed as a defendent - is there a way to expunge myself from the proceedings?

If you have a docketed judgment filed in the county of the real estate, the foreclosure title search would have revealed this. Your presence as a lienholder would then mean they are REQUIRED to serve notice to you, because they are foreclosing out their mortgage, and you may want to number crunch and see if there is enough equity to warrant bidding at sheriffs sale to pay off the first lien and take the property back to protect at least a portion of your lien. Or to place a claim for surplus, on the off chance a third party bidder pays enough in excess that there is surplus over and above the first mortgage judgment amount.