I received a summons to request a hearing on a foreclosure on a property that I do not own. What are my options?

Question Details: My mother passed away and now the bank is trying name me as a defendant in the foreclosure on her house. This house is and has always been solely in my mothers name. Can the bank put a foreclosure on my credit when I have never entered into a contract with them? What do I need to do about the summons?

Asked 11/20/2009 under Real Estate | 339 View(s) | More Legal Topics

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Real Estate Law Answers

The banks rights to sue you in your mom's place in a matter of contract law. Whne you mom passed away, was the house passed on to you?  that may explain why the bank is looking to you.  the bank is not able to name a deceased person in a foreclosure so it is probably naming you as the sole heir.  the bank is not allowed to hurt your credit if the mortgage for the house is not in your name.  only the people that have their mortgages on the bank note are responsible for paying the the mortgage.  i suggest that you contact the lawyer for the bank and ask why you are being named if you are not on the deed or the mortgage.  if you are not on the title or mortgage there is no contractual privity between you and the bank tht can affect your credit.  you need to talk to the lawyer for the bank.

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