Why are they doing this?

[TexasTornado]

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

Mortgage company attorney sent a certified letter to me today saying they are foreclosing on our house. My name will also be published in the local newspaper.

I have never been on this loan. This loan is in my husbands name only. At one time I was on the deed but I signed a quit claim deed, filed it at the courthouse and sent the mortgage company a letter.

I called the attorney and she said I'm listed as a "borrower". I asked her to fax me any document she had that shows me as a borrower. She said she couldn't find one but would look and fax it to me.

Why would my name be listed on all this? What can I do about it?

[seniorjudge]

You are being listed as a party because you were on the deed when the loan was taken out.

[HomeGuru]

Originally Posted by TexasTornado

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

Mortgage company attorney sent a certified letter to me today saying they are foreclosing on our house. My name will also be published in the local newspaper.

I have never been on this loan. This loan is in my husbands name only. At one time I was on the deed but I signed a quit claim deed, filed it at the courthouse and sent the mortgage company a letter.

I called the attorney and she said I'm listed as a "borrower". I asked her to fax me any document she had that shows me as a borrower. She said she couldn't find one but would look and fax it to me.

Why would my name be listed on all this? What can I do about it?

**A: that is standard legal practice in the foreclosure industry.

[TexasTornado]

What good did it do me to sign the quit claim deed, file it at the courthouse and get proof of doing this faxed back to the mortgage company within 72 hours then?

They requested this and said it would release me from the deed.

Thank you both for answering.

[FlyingRon]

Actually even being on the deed at the time of foreclosure will result in being named. Generally they have to tell all the owners of the foreclosure action (including in public notices) so that you KNOW that the foreclosure is risking your property interest.

[TexasTornado]

It sounds confusing though. The attorney says I'm a "borrower" but they still haven't located the documentation to back this up. They won't find it because I never signed a note on this property.

I found a website today though with a legal form (shown below the videos) and I'm going to send the attorney and the mortgage company this letter asking them to produce the documents:

[url=http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/]Produce The Note - "How-To" | The Consumer Warning Network[/url]

Do you think this will help? Phone calls get me no where because you can never speak to the same person.