Legal Question in Real Estate Law in Louisiana
A mortgage company is foreclosing on a property that I have 50% ownership in. The mortgage was given without my knowledge due to a clerical error in my local assessors office. The local sheriff's office is going to sell the property at an auction and I am told that my claim is inferior to the mortgage. How is my claim inferior to the mortgage when I had no knowledge until after the mortgage was given? How can I dispute this when the mortgage company will not return my calls because my name is not on the mortgage?
1 Answer from Attorneys
You will have to answer any suit with an affirmative defense- improperly done, etc. There are several questions that need to reviewed including who sought the mortgage, signed papers, etc , to determine an action against mortgage holder. There may be action against co-owner.
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