I purchased a property when I was single and I am married now and I am in process of short sale now. We received a summon today and it addresses to me and to my wife as unknown spouse of me. When I answer this summon, do I have to have my wife answer too? If she answers it, does it also put her in jerpody of foreclosure and ruining her credit even though her name is not in the loan. But if she does not answer to the summon, could they make my answer incomplete and proceed with foreclosure?
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Received Summon to me and spouse
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If they do not know your wife’s name, but assume you are married, you only have to respond. It is one lawsuit and your wife can be added later. What state are you in and if it is a community property state she owns the property too.
Really you must respond or they can get a default judgment. I have heard other people state a judgment is no big deal. I beg to differ and if you can avoid and stall them off until you file, the case will be tolled by the automatic stay. ‘HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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