If a house that my husband had before we were married is being foreclosed on, can the mortgage company come after me as well?

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If a house that my husband had before we were married is being foreclosed on, can the mortgage company come after me as well?

I got a letter yesterday about a motion for default got another letter same day for motion to withdraw default judgment. What does the withdraw mean when I have a court date on 11-9-10?

Asked on October 13, 2010 under Real Estate Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Are you listed on the mortgage or the deed to the property?  If you are listed on anything then you will be served with notice.  Even occupants of the house are served by the mortgage company just to make sure that they have all their bases covered.  If you are on the deed then the foreclosure may effect your ownership interest and you need to be notified of that fact. If you are an "occupant" with the status of say a tenant in their eyes then your occupancy will be effected and you need to be notified of that as well. But the only way that you can be held liable for the mortgage is if you are a co-signor of the mortgage.  Otherwise, they can not come after you. The motion to withdraw the default means that they are not seeking a default judgement against you or those named in the motion.  A default means that the action was begun and the parties have not answered the complaint served upon them.  Get some help with all of this.  Good luck. 


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