I was named as a defendant on my ex spouses foreclosure - joined as he owes past due child support.

Child Support 4 views 2 answers
After I divorced me ex, he purchased a home and I just received a summons being named as a defendant on the foreclosure of the property he purchased. The note was entered into a month after our divorce was final. But the summons states that I "am being joined to foreclose any arrears that may have accrued subsequent to the closing of the loan being foreclosed herein and which are subordiante to the lien of the plaintiff's lien being foreclosed upon herein". I contacted the law firm who represents plaintiff (the bank) and they said I need to do nothing as I am listed as a defendant simply because of the child support lien. Does this seem correct? I do not have resources to afford an attorney and was going to respond with a letter but I do not know what to do. Thank you!!!

Attorney Answers

2
Roberta Sue RobertsDivorce / Separation LawyerTroy, OH ·
Sounds reasonable. If you did not sign on the note and you were not married to him, they could not hold you responsible for the note.
0 upvotes
Mark B. PedutoChapter 13 Bankruptcy AttorneyAllison Park, PA ·
In order for a foreclosure to be done properly, every entity that has a claim or lien on the property in question must be given notice of the foreclosure. While this foreclosure will divest your lien, it in no way affects your child support claim. Even if your ex were to file a bankruptcy he cannot discharge his child support obligations. These arrears will exist until they are paid in full unless you were to forgive them.
0 upvotes

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