QUESTION

My husband got a loan for the house. I was not involved but I got Summons as having a homestead interest how do I respond?

Asked on Jun 13th, 2013 on Foreclosures - North Carolina
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1 ANSWER

Family Law Attorney serving Durham, NC at Morelos Law Firm
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If you are not on the actual note/debt, then you should not be liable and as the paperwork says, you are simply being notified of the court proceedings by nature of your being his spouse. Chances are that at his closing, you did sign a "deed of trust" which didn't make you liable for the note, but did acknowledge that while you do have an interest in the property as his spouse that if he defaults you understand they would have the right to foreclose and you could lose your property interest. You should still consult with an attorney just in case to confirm you do not need to respond (e.g if the Lender does in fact have the law wrong and is trying to actually sue you for the liability, then you would want to raise defenses). This is probably a foreclosure notice summons, but it could be a summons with a complaint for money owed which you definitely don't want to sit on even if you owe nothing.
Answered on Jun 14th, 2013 at 9:24 AM

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