Husband bought home without my knowledge, now in foreclosure

[cgcivy79]

What is the name of your state? Ohio

My estranged husband apparantley bought a home in January while we were still married. It is now in foreclosure and I am named as a defendent. I had no knowledge of this purchase, I didn't sign anything, not the mortgage note, deed, title...nothing.

I called the law office representing the Bank and the receptionist told me that since we are married, I am legally responsible. That can't be true, can it????

How can I get my name off of this lawsuit??

 

[FlyingRon]

Never trust legal advice from a receptionist.

 

[cgcivy79]

Well I know that! LOL That is why she is the receptionist and not the Lawyer. I left a message with the banks Lawyer. Think I'll get a return call though?

 

[HomeGuru]

Well I know that! LOL That is why she is the receptionist and not the Lawyer. I left a message with the banks Lawyer. Think I'll get a return call though?

**A: when you feel it pertinent to hire your own lawyer, please let us lknow.

 

[cgcivy79]

Do I need to hire a lawyer? I mean, really. How can they possibly sue me for a mortgage note that I had no knowledge of, no signature on.... and he even signed as "unmarried single person"?

 

[HomeGuru]

Do I need to hire a lawyer? I mean, really. How can they possibly sue me for a mortgage note that I had no knowledge of, no signature on.... and he even signed as "unmarried single person"?

**A: because you are named as a Defendant in the foreclosure litigation. If you are not legally responsible, your attorney needs to go to court and file an answer on your behalf stating that you are not responsible for the mortgage and are not a party to the litigation. If you do not do this prior to the court hearing, the court may issue a judgement against you.

 

[cgcivy79]

Is that something I can do myself? I mean, I can obtain a copy of the actual mortgage note and prove I had no signature anywhere. I just don't see paying for a lawyer if I can do this seemingly simple task myself.

 

[VeronicaLodge]

do you know how to file an answer? do you know the procedure for this? do you know what one looks like?

do you know how to write a motion and a brief and attach documentation?

I just love how people think lawyers went to years of school and accumulated thousands of dollars of debt to do so for nothing. its because they have knowledge and ability to do these things and you do not.

 

[cgcivy79]

do you know how to file an answer? do you know the procedure for this? do you know what one looks like?

do you know how to write a motion and a brief and attach documentation?

I just love how people think lawyers went to years of school and accumulated thousands of dollars of debt to do so for nothing. its because they have knowledge and ability to do these things and you do not.

No I dont. Why should I be punished by paying lawyer fees when he in fact was the one who made the mess to begin with? He committed fraud. He signed a mortgage document as a single unmarried man, now I all of a sudden have to hire a lawyer to get my name off the foreclosure suit? I have nothing against lawyers. I just don't see the reason for me paying for one if it is as simple as showing the courts the mortgage document and saying "Why am I named in this suit?"

 

[PghREA]

unfortunately, you WERE married at the time he did it and if you don't want to be part of the foreclosure suit, you will need to go through the legal process. The fact that he signed the mortgage as an unmarried person is another issue.

 

[TinkerBelleLuvr]

Paying an attorney to file the motion to vacate may be cheaper than a judgment for (fill in the blank on the defaulted mortgage). Then, sue your X for your attorney fees based on his fraud.

 

[VeronicaLodge]

good job ginny, nice, sweet and to the point

unfortunately OP, the risk of botching it up yourself is too great, isn't it? I mean if this was for 3k in small claims court, that would be one thing, but the risk of being held responsible for X amount of mortgage, just to save a few dollars on an attorney would just not be worth it to me.

then turn around and sue your husband (ex).

no, you should not have to do all this, yes he did something wrong, yes this sucks, but please weigh the costs and the risks.