Posted by John Merchant on April 25, 2009 at 23:20:01:
You may have been served legally in the opinion of the judge and you might just have a default judgment entered against you if you don’t file an answer.
So if you can’t afford a lawyer to file an answer for you I’d advise you to file one for yourselves so as to give you the right to have notice of any hearings or the trial and to represent yourselves in that court.
Don’t know what your legal knowledge is re court’s jurisdiction over you. That’s a complex body of law that most laymen are not capable of contesting or addressing, so I’d just tell you not to get too sanguine thinking that court has no jurisdiction over you or the case.
My husband when he bought our home, was given a loan in his name only. They made me sign a waiver of any rights in the property. I am not on the note at all as a debtor. My husband is now in foreclosure and they just sent legal documents of court filing, a copy to each of us. They are naming me as well. Isn’t this illegal? They can’t “collect a debt” against me as I am not on the note and have no rights per their demanded waiver before they would loan him on the house.
When Creditors or people sue, they throw a “fishnet” out there on all who MAY be liable. Its your responsibility like John Merchant said to file an “answer”. In nyc, you can go to the court house and the clerks will GLADLY advise you what to do to pro bono (do it yourself) so that you can protect yourself. Go, file an answer, then go to court and tell them you need time to find a lawyer. Then get some legal aid, there is free legal aid out there… Try the yellow pages, or the INTERNET for your local free legal services. If you do nothing, you will go down with the ship… Google “Deed in lieu of foreclosure”… Hope things work out.
DJ-nyc
It is 99% probable you are named only because you may be an interested party and they are not seeking a money judgment against you, just possession of the property. If you care about the other 1%, then go to the Court and read the complaint to see what it is that they are seeking from the Court.
To much unsaid. First your still married it appears and have spousal claims etc.? Are you planning on a divorce and don’t want debts from a house you lived in and enjoyed following you?
You say your not on the loan, but you are on the deed with an interest in the property right? If so, expect to be served, the lender is going to protect their position and serve everyone, and yes it’s legal, if I’m suing someone for something I can serve the entire telephone book, it up to the recipient to remove themselves from the lawsuit.
It seems you had a bankruptcy on your record and you were required to sign waivers for your husband (and you) to get the loan to buy the house. Quit whining and get to work to resolve the problem, work with the lender,preferably with the selling of the house and assets to get you up to date, and then restarting with a lesson learned.
Posted by John Merchant on April 25, 2009 at 20:45:36:
Since you’ve now been served with the lawsuit it’s clearly time for you to get this to your lawyer so he/she can prepare and file your “answer” in the suit.
Not the time for you to be soliciting free legal advice.
IN PROPRIA PERSONA - Lat. ‘In ones own proper person.’ To represent ones self in court without assistance of an attorney, at least ‘on the record.’ Often shortened to ‘in pro per.’
Pro Bono - Pro bono publico (usually shortened to pro bono) is a phrase derived from Latin meaning “for the public good”. Commonly referring to free of charge.
Actually neither of us have “ever” been “served” and the court does not actually have personal jurisdiction over us unless we accept and respond to a letter mailed by regular mail to an incorrect address. AND if we had money for an attorney, then our house payments would have been made wouldn’t they? So obviously we do not have the money for an atty or for the house pymts. To make matters more complicated, we can not file bankruptcy for four more years due to the eight year law requirement.
DJ-nyc