What to do about a default jugement awarded against my former landlord in which I was also named?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a default jugement awarded against my former landlord in which I was also named?
Almost 2 years ago my fiancé and I rented a home from this woman. We signed a lease for a 1 year rental. About 9 months into our lease the bank that held the mortgage on the house came by and told us the house was being foreclosed on. We immediately moved out. Recently the bank called me because they cannot get in contact with our former landlord. I told them we hadn’t heard from her in a year. That was a little unsettling so I went on case net and entered her name and of course the bank was preceding with the foreclosure but our names are listed as defendants along with her and 6 several others who she may have rented to after us. There was a default judgement placed against her and everyone else listed as a defendent including me.
Asked on September 4, 2012 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You should move to vacate the default based on the fact that you have a valid defense--as renters, you are not legally responsible for the property owner's failure to pay her mortgage and are not liable for her nonpayments. You cannot be named as a defendant unless there is some factual and legal basis for doing so, and from what you write, there was no such basis. You would be well served by retaining an attorney to help you with this, since the lawyer will know the mechanics of drafting and serving such a motion.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.