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  1. #1

    Default Non-Borrower Named As Defendant In Foreclosure Due To Child Support Judgement

    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.

    Questions:

    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?

    Thanks

  2. #2
    Join Date
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    Default Re: Non-borrower Named Defendant In Foreclosure Due To Child Support Judgement

    I've been digging around and have been unable to find a similar situation.

    She should be asking an attorney these questions.

  3. #3
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    Default Re: Non-borrower Named Defendant In Foreclosure Due To Child Support Judgement

    If she contacts the bank, they will probably agree to drop her from the suit if she agrees to execute a quitclaim deed. For the ramifications on child support collection, I doubt that there would be any (although you can't get blood from a stone), but she can confirm that with her lawyer.

  4. #4

    Default Re: Non-Borrower Named As Defendant In Foreclosure Due To Child Support Judgement

    Follow-up: We contacted the attorney for Deutshce Bank's collection agency and they insisted she didn't need to do anything and that it would have no effect on her. They had no interest in executing a quitclaim deed. Of course, that was from the receptionist and we can't get one of the attorneys to return a call.

    So we contacted an attorney who confirmed that yes, this would be recorded as a judgment against her. The judgment for back child support was never recorded as a lien on her ex's property so her claim was subordinate all along and her being named as a defendant was of no value to the bank anyway. He suggests that we just wait it out and at some time in the future he can go to court an have her expunged.

    Seems like a waste of a lot of people's time and money but apparently the collection agency prefers to just name everyone in sight rather than investigate who truly has valid claims/liens.

  5. #5

    Default Re: Non-Borrower Named As Defendant In Foreclosure Due To Child Support Judgement

    I'm curious as to what the outcome of this was. I just got served today for a foreclosure matter involving my ex-husband and his new wife. They are naming me as the main defendant in the action. What did you end up doing to clear your fiance's name??

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