Legal Question in Civil Litigation in New Jersey
is it legal for someone to be served a civil action summons for a mortgage on a home that was her brothers. she is not the administrator to the estate, I am. My son passed away 2 yrs ago and his home is currently for sale w/a realtor. we are going thru short sale. He did not have a will and we cannot pay the mortgage. We have been trying to sell the home for 2 yrs. We are in contract w/the mrtg company, However, during this process, the mrtg comp. sold the account to another company and they are filing a civil action against my daughter, who has absolutley nothing to do with this matter. How legal is this?
2 Answers from Attorneys
What you are describing makes no sense. Why would they serve a lawsuit on your daughter if she has nothing to do with the matter?
You really need to contact an attorney right away. You have strict time limits to respond.
I can help you, so give me a call. I have been helping a lot of folks facing foreclosure.
Robert Davies, Attorney 201 820 3460
Your daughter should bring the complaint to a lawyer for review. It is possible that the reason for naming your daughter on the complaint is that the creditor believes that she may have an interest in the house by virtue of inheritance. If so, a foreclosure would also foreclose that interest and it is proper for the creditor to name her in the complaint. It may not be necessary for her to answer but, to be sure, she should consult a lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
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