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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 (21-30):
Anonymous
by Anonymous 11 on Apr. 24, 2014 at 8:36 AM

Does it matter? You're married now so if he's being sued, it affects you anyway, so what difference does it make if your name is on the suit or not?

Anonymous
by Anonymous 1 - Original Poster on Apr. 24, 2014 at 8:37 AM
I don't think florida is a joint property state. Thank you. I will definately ask lots of questions.
Anonymous
by Anonymous 1 - Original Poster on Apr. 24, 2014 at 8:39 AM
Because we are both military! And it could affect our clearances and careers. It may affect his but hopefully NOT mine. I love my career and am not willing to sacrifice it for his stupidity in his youth. Sorry...harsh but the truth.

Quoting Anonymous:

Does it matter? You're married now so if he's being sued, it affects you anyway, so what difference does it make if your name is on the suit or not?

Miller0305
by Platinum Member on Apr. 24, 2014 at 8:39 AM
Call a lawyer in your state and the state where the foreclosure us taking place. Don't take advice from cafemom lawyers. I'd sue his parents too. Good luck.
Posted on CafeMom Mobile
MomMomMomMama
by Bronze Member on Apr. 24, 2014 at 8:59 AM

 

Quoting Anonymous: First, I will 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!

Didn't read other replies so not sure if this was mentioned - I believe that because they are suing now (and a judgment would be paid from joint assets) that yes, you can be named as a defendant. If a judgement is entered and you and your husband file a joint tax return, they can garnish any refund, but YOU can file something like a hardship amendment and get the portion of the refund money from your employment back.  Kind of like a if a woman is married to a man who is behind in child support - they can garnish his refund, but she can have her income left alone...

Anonymous
by Anonymous 12 on Apr. 24, 2014 at 9:17 AM

 There are so many things that don't add up.....

1. Why would a 20 something be co-signing on a house for his parents? And how? Credit history and/or income would become an issue.

2. Why would said individual sign over a Power of Atty to his parents at his age? This is counterintuitive.  What the hell would he get out of co-signing on a loan for his parents AND allowing them to make legal and financial decisions FOR him?

3. Does the bank/mortgage holder have a copy of the Power of Atty? I believe that LEGALLY, they must retain a copy along with the mortgage documents. (just as any medical facility would need to keep a copy of a Medical Power of Atty on file)

4. Does your husband have a copy of said Power of Atty documents? Does he remember signing one? Cause that would be something HUGE to remember... If not, is he currently on speaking terms with his parents to where he could ask them for a copy of it, and the original morgage docs?

Things are just not adding up.... Is it possible that his parents signed his name fraudulently and are now trying to claim he signed a Power of Atty to cover their asses? Not trying to offend.... Just unsure of his relationship with his parents, etc.

Good luck and please keep us posted! You have me very curious now! 

bluebunnybabe
by Ruby Member on Apr. 24, 2014 at 9:18 AM
No, they can't sue you. Talk to the lawyer, you will be dropped from the suit. Your problem is going to be that they will win a judgement against your husband & y'all will end up having to pay it.

I should have worded this different, anyone can sue anyone but either before or at court, you will be dropped.
bluebunnybabe
by Ruby Member on Apr. 24, 2014 at 9:23 AM
They can't attach a tax refund for this type of judgement. And a lot of other things are exempt depending on the state.

Quoting MomMomMomMama:

 


Quoting Anonymous: First, I will 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!

Didn't read other replies so not sure if this was mentioned - I believe that because they are suing now (and a judgment would be paid from joint assets) that yes, you can be named as a defendant. If a judgement is entered and you and your husband file a joint tax return, they can garnish any refund, but YOU can file something like a hardship amendment and get the portion of the refund money from your employment back.  Kind of like a if a woman is married to a man who is behind in child support - they can garnish his refund, but she can have her income left alone...

Anonymous
by Anonymous 13 on Apr. 24, 2014 at 9:23 AM

Neither Florida or Virginia are community property states, you should be able to have your name removed from the suit relatively easily.

bluebunnybabe
by Ruby Member on Apr. 24, 2014 at 9:24 AM
Getting married doesn't make a debt joint. You have to sign for a debt to be yours which OP didn't.

Quoting Anonymous: Yes they can, it became a joint debt when you married him.
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