QUESTION
letter seves to afford me the opportunity to waive my right to be named as a defendant in foreclosure action received from attorney for plaintiff
Asked on Apr 09th, 2013 on Real Estate - New Jersey
More details to this question:
my husband's (deceased in 2006) name is on a deed on property in PA, with his sister-in-law. Attempts were made to change deed after he passed but was never accomplished. Now property is in for foreclosure, that was before I married him that these above transaction occurred. In the letter it states that if a waiver is timely returned it will not be necessary to name me as a defendant in the foreclosure action. however if the waiver is not timely returned and it is believed that I am an heir of the decendent, then their office may have no choice but to name me as a defendant in the action in order to divest any ownership interest I may have in the property. I don't have any interest in the property, that is not my house,.need advice on signing or not signing waiver.
1 ANSWER
2 Awards
If you have no interest in the property, and don't want to be involved, then sign the paper. When people are married, there is an assumption that their spouse has or had an interest in any real property they own. Even if you are no longer married, or if your spouse is deceased, many title companies and banks want to ensure that there is no marital interest that needs to be addressed, and just so there are no loose ends, they require the ex-spouse or surviving spouse to sign off on anything. By signing the document, they are just making sure they do not have to name you in the complaint, and that you are not involved.
Answered on Apr 10th, 2013 at 4:01 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship