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foreclosure notice

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K

KA1

Guest
Ohio Foreclosure question. If the attorney has failed to list and notify all interested parties to the property can they get a summary judgement for the complaint? The attorney did not list a lien judgement on the property. I'm thinking of filing a motion to deny the summary judgement on that basis, is that a plausible idea? Will it delay the foreclosure process?
 


HomeGuru

Senior Member
KA1 said:
Ohio Foreclosure question. If the attorney has failed to list and notify all interested parties to the property can they get a summary judgement for the complaint?
**A: Attorney for who, the mortgage lender or other party? Any who is the interested party that is not listed and how are they connected to the foreclosed property?
******

The attorney did not list a lien judgement on the property. I'm thinking of filing a motion to deny the summary judgement on that basis, is that a plausible idea? Will it delay the foreclosure process?
**A: see above. Did you answer the foreclosure complaint within the required time period?
 
K

KA1

Guest
It the attorney for the Mortgage lender. The plaintiff.

The judgement was a lien attached to the defendant's property being foreclosed on prior to the filing of the foreclosure on the defendant's property. (I hope I said that clearly)

The complaint was answered on time.
 

HomeGuru

Senior Member
How is the judgement lien connected to the property and what is it for?
Tax lien, child support, result a lost lawsuit etc.
 
K

KA1

Guest
lost lawsuit. It's a judgement from another foreclosed property that was sold for less than the amount that was owed.
 

HomeGuru

Senior Member
Ok, back to your question.
This judgment has absolutely nothing to do with your foreclosure of the subject property. You have no basis to file a motion for anything unless you really have claims against the mortgage lender ie. fraud, mismanagement of your account etc.. So what if the judgement creditor is not so named on the complaint or served. That is their problem not yours. If anyone is to complain to the Court, it would be the judgement creditor, and not you. You have no standing for the creditor.
Nice try though.
 
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