Legal Question in Credit and Debt Law in Pennsylvania

Civil Judgement

My husband purchased a home in which the morgage was in his name only..the day of closing they put me on the deed...well to make a long story short, he lost the house and they put a judgement against me too...Is this right...I never gave them any information...when I tried to call and discuss info before the home was lost they would not even talk to me because I was not on the morgage..can they get away with this?


Asked on 3/30/07, 4:05 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Civil Judgement

Since you are not on the mortgage the judgment entered was most likely not against you but against the property. It's called an in rem judgment. If the property is not worth the amount of the loan then the bank has to bring a deficiency proceeding in the mortgage foreclosure action to establish the fair market value within six months of the sale. You may be named in that proceeding but the proceeding does not establish your personal liability for the deficiency. If the bank does not bring a deficiency proceeding then you may petition to have the judgment marked satisfied.

This is a confusing area and it is probably worth your while to consult a local attorney. Even though you are most likely not personally liable, not all employees at credit reporting agencies understand the effect of an in rem judgment.

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Answered on 3/31/07, 12:11 pm
Michael Mandale The Mandale Law Firm, P.C.

Re: Civil Judgement

A few more questions would have to be answered. Are you still married? If not, did any divorce agreements concern this property? Under which form of joint ownership did you and your husband own the property?

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Answered on 3/30/07, 4:57 pm


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