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  1. #1
    Join Date
    Aug 2006
    Posts
    3

    Unhappy Non-Borrower Named As A Defendant In a Mortgage Foreclosure

    My wife is on the deed of her father's house. He is in the beginning stages of foreclosure after some missed payments. She signed on a while ago with the understanding that she would not be financially resposible in any way but so that she would get the home if anything were to happen to him. Now that the foreclosure action has begun she has received legal documents stating she is a party defendant in the foreclosure preceedings.
    We are not sure what this means for us. She is not a "co-signer" on the loan and there is no hint of the mortgage on her credit file. Yet, she (and I) am concerned about the potential ramifications to her credit if her father in fact does lose his home to foreclosure. We were recently married, not yet home owners of our own with very good credit as of now and are afraid that this could have a negative impact for us.

    What should she do?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Named As A Defendant In a Mortgage Foreclosure

    The lender's goal would appear to be to resolve any claim she may have to the property, such that they can successfully foreclose.

  3. #3
    Join Date
    Aug 2006
    Posts
    3

    Default Re: Non-Borrower Named As A Defendant In a Mortgage Foreclosure

    So then a "quit claim"?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Non-Borrower Named As A Defendant In a Mortgage Foreclosure

    To the lender?

  5. #5
    Join Date
    Aug 2006
    Posts
    3

    Default Re: Non-Borrower Named As A Defendant In a Mortgage Foreclosure

    What should we do to show we have no interest in property?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Non-Borrower Named As A Defendant In a Mortgage Foreclosure

    I don't know what is in the complaint - I have only been guessing based upon the limited information you have provided.

    You previously stated, "My wife is on the deed of her father's house." That's presumably the sticking point. If you are not claiming that she has any interest in the home despite being on the deed, and are willing to surrender any nominal interest that she may have, you may be able to work that out with the lender's lawers. But again, I don't know what they have alleged in their complaint, or what relief they have requested that the court grant against your wife.

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