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UPDATE: I am being sued for a foreclosure on a home I never owned

Posted by Anonymous   + Show Post
UPDATE: we spoke with an attorney. Basically, i have no responsibility in the payments and cannot be held liable. They also looked at the power of attorney and realized it was fraudulent and misused. We will have to hire an attornwy in Florida to get representation for this.

Thank you all!



First, l start with the fact that I have a legal appt this afternoon. But I do not know what questions to ask.

My husband signed as a consigner to his parents several years ago, before we were ever married. Apparently, his parents have defaulted, but didnt tell my husband. Well, yesterday, someone rang the doorbell and served both my husband and I. We are both named as defendants, along with his parents. Can they sue me since it was before we were married? I just don't know what to ask as I have never been through anything like this.

Any friendly advice is appreciated!
Posted by Anonymous on Apr. 24, 2014 at 7:41 AM
Replies (11-20):
Anonymous
by Anonymous 8 on Apr. 24, 2014 at 8:00 AM
I guess they might be able to.
I would think that since they can take your taxes for your or your spouse's old debts, they can do it with a house.
I'd fight it though.
Good luck!
Anonymous
by Anonymous 4 on Apr. 24, 2014 at 8:01 AM
1 mom liked this
No, even in joint property states only debts that occur during marriage can be considered joint debts.

In no state is it legal to collect a debt from a spouse when then debt occurred prior to the marriage.

Banks are notorious for doing anything to try and collect money. They are probably suing and claiming she lives in the property or that it's a mutually beneficial property to the couple. They do this in the hopes that she won't fight it. Chances are once she starts to fight it they will drop her from the suit.

Quoting Anonymous: In most cases, yes. It became virtually a joint debt when you married him. Same way a spouse can be sued over a house that is solely in the other spouse's name.
Anonymous
by Anonymous 5 on Apr. 24, 2014 at 8:03 AM
That's not true. Quit giving incorrect advice!

Quoting Anonymous: In no state is it legal for them to sur you since the debt occurred prior to your marriage. What state are you in and I can pull up the laws. Take them with you to the lawyers office and have him/her communicate with the bank. If they push it threaten to report them to the FTC and any other government or consumer agency you can.
Jblb
by Ruby Member on Apr. 24, 2014 at 8:04 AM
1 mom liked this
And bring documents to prove this!!!



Quoting Anonymous: You need to ask specifically about protecting your own credit etc. since you had ZERO knowledge of the debt. How old are his parents? They didn't tell him?
Anonymous
by Anonymous - Original Poster on Apr. 24, 2014 at 8:06 AM
I wonder if they think I do live there. My husband and I live in Virginia, which is where we were served. The house is in Florida.

Quoting Anonymous: No, even in joint property states only debts that occur during marriage can be considered joint debts.

In no state is it legal to collect a debt from a spouse when then debt occurred prior to the marriage.

Banks are notorious for doing anything to try and collect money. They are probably suing and claiming she lives in the property or that it's a mutually beneficial property to the couple. They do this in the hopes that she won't fight it. Chances are once she starts to fight it they will drop her from the suit.

Quoting Anonymous: In most cases, yes. It became virtually a joint debt when you married him. Same way a spouse can be sued over a house that is solely in the other spouse's name.
Anonymous
by Anonymous - Original Poster on Apr. 24, 2014 at 8:10 AM
They didnt tell him. In fact, the signature on the documents are not even his. His parents are claiming he gave them a power of attorney to sign for him. He was in his 20s then and probably didnt know what he was getting into.

Quoting Anonymous: You need to ask specifically about protecting your own credit etc. since you had ZERO knowledge of the debt. How old are his parents? They didn't tell him?
Anonymous
by Anonymous 9 on Apr. 24, 2014 at 8:18 AM
Whether or not it became a joint debt when you got married will depend on your state's laws. Suing both husband and wife together is common. The mortgage company doesn't keep track of when cosigner's marry. If you are not liable under your state's laws, then you can be dropped from the suit once that's been established.

Good luck. Ask the lawyer every question you have. There is no question too dumb or embarrassing if having an answer would help your peace of mind. It is cheaper to ask all of your questions at once, so you don't get charged hourly for lots of phone calls or emails.
Anonymous
by Anonymous 10 on Apr. 24, 2014 at 8:22 AM
Yes they can. It became your debt when you got married if you live in a joint property state. This is what happens when you agree to become a cosigner. Your husband needs to have it out with his parents.
Anonymous
by Anonymous 4 on Apr. 24, 2014 at 8:29 AM
It is true. The only basis they'd have to sue her is if they were both benefitting from the property, which they're not. So in no state would it be legal for them to sue her.

Quoting Anonymous: That's not true. Quit giving incorrect advice!

Quoting Anonymous: In no state is it legal for them to sur you since the debt occurred prior to your marriage. What state are you in and I can pull up the laws. Take them with you to the lawyers office and have him/her communicate with the bank. If they push it threaten to report them to the FTC and any other government or consumer agency you can.
TurtleMomma82
by Barbie on Apr. 24, 2014 at 8:31 AM

Don't know, sorry mama.  Hope you get some answers at your appt.  good luck!

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