Legal Question in Real Estate Law in Ohio

Response to a Summons

We were named as defendants in a lawsuite because the people whom we sold our home to in 1993 are foreclosing on the property. It appears from the summons, we were also named as defendants for two reasons: 1 - US Bank has no record of us paying off our loan on the house and 2 - the Warranty Deed filed for the sale of the house did not indicate that my husband and I were married and thus, was incorrect. We have filed an affidavit certifying we were married and I have a copy of the lien payoff from our mortgage company. Do I need an attorney to respond to the summons or can I do it myself? If I do need an attorney, does the attorney need to practice in the same state as the lawsuit (i.e. the foreclosure is in Ohio and we reside in New Mexico). Please advise. Thank you.


Asked on 6/23/08, 5:36 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Response to a Summons

If you have a valid "Satisfaction of Mortgage" from your original lender, and the present owners obtained new and independent financing not involving you, then you may be able to represent yourself if everything is in order proving what you say. You would be well-advised to have the advice of a lawyer who has reviewed the suit papers you received before proceeding, however, and bear in mind you have a short time limit within which to reply to the lawsuit.

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Answered on 6/23/08, 5:47 pm


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