• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

mortgage foreclosure

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

joebob1997

Junior Member
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?
 
Last edited:


HomeGuru

Senior Member
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

Senior Member
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.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top