Edit: sorry, title should have said 'named as defendant in foreclosure'
My fiancee was just served a court summons as a defendant in her ex-husband's foreclosure. He purchased the house 8 years after their divorce, she had nothing to do with it in any way.
She has an outstanding judgment recorded against him for non-payment of child support. It appears that the bank named her in the suit simply to establish that her judgment is subordinate to any claim they may have in the property.
She has 20 days to respond to the court and plaintiff's attorney. My fiancee and her ex-husband both reside in Kansas.
1) She has no intention of getting in the way of the bank. Can she simply state she has no interest in the property or sale proceeds?
2) Does she need to state anything to protect her judgment against him for child support?
3) When the bank receives a judgment against the ex-husband for the foreclosure is it also recorded as a judgment against her since she's also listed as a defendant? (We're concerned about those check boxes on credit apps that ask if you've had a judgment against you in the last 3 years, etc.)
4) Will this show as a negative on her credit report (as a judgment against her) even though she never had anything at all to do with his purchase of the house and subsequent default?
5) Should she ask to be removed as a party in the lawsuit upon releasing any interest, or can she even do so?