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QUESTION: My question deals with foreclosure and the process of service. My ex-spouse and I are being sued as a result of a foreclosure proceeding. She was served notice. I was not served by reason of unable to locate. Am I still a party to this suit without process ? I have checked the statutes but I am sill unclear.
ANSWER: There are some unanswered questions here. One is do you live in the property and if not why do you care one way or another? That may sound like a rude or dumb question but the answers are really important as to what you should do or how you should go about it.
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QUESTION: No I don't live there anymore. The ex spouse took possession after the divorce per the divorce decree, but I am still on the mortgage. I found out that I was served by public notice. I would prefer to not be foreclosed on if I can help it. Will they still come after me in this situation? I can accept the foreclosure if it happens but I do not want a deficiency judgment.
The foreclosure comes first. Once that is done and the property is sold they can come after you for a deficiency balance in some states however it happens so seldom I wouldn't worry much about that happening. It is possible for you and your ex to get together sufficiently to fight the foreclosure and could stand an excellent chance of stopping it cold. Doing so would end up costing about $2500.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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