UPDATE: I am being sued for a foreclosure on a home I never owned
April 24, 2014 at 7:41 AM
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.
I believe so since the home became marital property when y'all got married. (Most homes do regardless of which partner owned the home first). You *might* be able to fight it but I wouldn't get your hopes up. It really depends on your state laws though.
by Anonymous 5
April 24, 2014 at 7:52 AM
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.
by Anonymous 6
April 24, 2014 at 7:53 AM
If your state is joint property, I believe they can.
by Anonymous 7
April 24, 2014 at 7:55 AM
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?
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.