Wife Named In Foreclosure Summons

[hamburgler]

I live in New Jersey and just received a foreclosure complaint. At the time I purchased my home in May of 2005, I was single. I was married in December 2006. My wife did not move into my home full time until summer 2008. She has never been associated with the deed, title, any other secured/non secured debt and/or bank accounts with me.

In the foreclosure summons I just received, my wife was named. I am under the impression that she cannot be sued for my debt in a non community property state. I am hoping to go CH7 or CH13 without her. Can anyone shed any light on my situation and give me an indication as to whether she will be held liable for a mortgage I took without her before I married her? Thanks!!

[newbie2]

I live in New Jersey and just received a foreclosure complaint. At the time I purchased my home in May of 2005, I was single. I was married in December 2006. My wife did not move into my home full time until summer 2008. She has never been associated with the deed, title, any other secured/non secured debt and/or bank accounts with me.

In the foreclosure summons I just received, my wife was named. I am under the impression that she cannot be sued for my debt in a non community property state. I am hoping to go CH7 or CH13 without her. Can anyone shed any light on my situation and give me an indication as to whether she will be held liable for a mortgage I took without her before I married her? Thanks!!

If she didn't sign the note and you are not in a community property state I would have no idea why the bank has her noticed on the foreclosure. If I were her I would pick up the phone and call them to ask about it. Actually, I would have her call an attorney also.

[DeadManCrawling]

Lenders name all the "interested parties" when filing these things. You may have also listed, John Doe X, Jane Doe X, HOA Association, Unknown Tenant(s), etc.

This doesn't mean they are able to hold your wife responsible, only that, since she lives there, they are obligated to list her as a party of interest. You should definitely ask an attorney, but we had all sorts of people and groups listed on our foreclosure papers.

[justbroke]

Yes, a lender must include everyone that may have an interest in the foreclosure. An interest meaning that they may have a claim. usually, the foreclosure lawsuit is addressed to the debtor, the "unidentified" spouse of the debtor (if unknown, otherwise named in the complaint), the "unidentified" tenants, the HOA or Condo Association, any 2nd or 3rd or junior lienholders, and any other entity that may have an interest.