Legal Question in Real Estate Law in Ohio

I received a summons for a foreclosure on a house that I do not own.

It has a sheet to send in for a mediation hearing but I need to respond in 28 days.

I have checked my credit report from all three agencies and I have no connection to this loan. I think this is a case of mistaken identity or Identity theft. I have tried to contact the prosecutor and the loan company to no avail. I don't want to be responsible for the remainder owed after the house is auctioned and I don't want this to hurt my credit. I can easily prove I am not the person in question. What is the best course of action for me to take in this matter? Is it necessary for me to hire a lawyer or is it an unnecessary expense for my family and me?


Asked on 9/08/09, 8:15 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Summoned, You are absolutely correct - however, it appears you must now retain legal counsel to make a short, simple appearance (in writing, as a Motion), and disclaim any right, title or interest in and to such real property being foreclosed, and demanding your dismissal from the foreclosure case.

Retain experienced legal Counsel ASAP to represent your best business rights and interests. Good luck. Sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 9/08/09, 8:44 am


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