Legal Question in Real Estate Law in New Jersey

If you are named as a defendant in a foreclosure suit in which you have a direct property interest, you should consult a lawyer who handles real property matters to protect that interest. In the case that you describe, your rights to the property under the deed should be preserved, but any rights that you derive through the other owner and mortgagor, such as spousal rights, will be affected. The problem is that the foreclosure complaint may not make that distinction and the foreclosure judgment may follow suit. That is especially true since lenders usually do not allow the situation that you describe -- lenders typically require all parties on a deed to join in the mortgage even if they are not on the note. So, you will need assistance from someone who understands foreclosure law to ensure that you don't lose rights.

See also: http://info.corbettlaw.net/lawguru.htm