What to do if when my ex-wife and I divorcedshe re-financed the house so that I was no longer on the mortgage but later the bank foreclosed and I was named as a defendant?

I spoke with the attorney who I was getting the notices from and was told I didn’t need to worry about it, it was just a formality and wouldn’t affect me. Is that true or do I need to get an attorney to get my name removed?

Asked on November 12, 2012 under Real Estate Law, Ohio


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Get an attorney and get your name removed.  Keep in mind that the attorney that was talking to you does not represent you.  If you were named as a defendant in a foreclosure suit, then there is now a public record with your name and forclosure on it-- this means that if it goes forward, then it could appear as a negative hit on your credit history.  If you do not respond, a foreclosure could be rendered against you-- so doing nothing on your end could only result in bad things for your credit.  The "formality" is that you name is listed.  Until you get something in writing that undoes the listing, you could be on the hook for the foreclosure.  It sounds like you have a defense, so procure an attorney to help make sure that your defense is presented.

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