Summons served on my and my spouse POST Bankruptcy discharge

[saddebbie]

Hello all -

My Bankruptcy case was not closed yet but it was discharged.

I included a home in my Bankruptcy which I stopped paying on and let it go.

During my BK case, the judge approved the Mortgage companies request for the removal of the automatic stay.

I come home today and I see that me and my spouse were both servced with seperate summons for the house / mortgage that we stopped paying on and included in the BK.

I filed for BK myself and not my spouse.

My Spouse was on the deed but not on the mortgage.

We live in Daytona Beach Florida which is where the house was.

Are they allowed to serve my spouse with a summons if he/she wasn't even on the morgage?

Are they allowed to serve me with a summons with my BK discharged over 1 month ago?

I appreciate any help you may have.

Thank you so much.

Debbie

[justbroke]

Are they allowed to serve my spouse with a summons if he/she wasn't even on the morgage?

A "lis pendens" (lawsuit) for Foreclosure is served on all occupants. That would include any houseguest, or renters, or anyone 18 or older (including your adult children). It's also served on anyone who may be a party in interest, like the County (for property taxes), and your HOA (for homeowner's fees and because of the HOA Rider usually included in a mortgage). The main reason that your spouse was served, is because they are a major party in interest (now a co-defendant) because his name is on the recorded deed! Also, it's required by law that it be served on all the people that I mentioned... including any other lienholders -- like a second mortgage holder or even holders of mechanic's liens.

Are they allowed to serve me with a summons with my BK discharged over 1 month ago?

You mentioned that the Bank made a Motion for Relief from the Automatic Stay and were granted the same. Even though the mortgage may have been discharged as part of the Bankruptcy, the Bank still has a valid and enforceable lien. Not only that, they have the full power of the Federal Court behind them, as they were granted permission to ignore the Stay.

If so, then they can pursue an in rem (foreclosure action against the property) anytime after the Motion is granted.

Your lawyer did instruct you that this was going to happen, right? I don't understand why you are shocked or concerned that this happened? Is this not what you wanted or expected?

[Martha13]

[QUOTE=justbroke;196168]A "lis pendens" (lawsuit) for Foreclosure is served on all occupants.

Justbroke, your answer to saddebbie was very good, and very helpful to those of us in similar boats--I too had wondered if I would be included in the f/c paperwork since I am on the deed, but not the mortgage. I assumed I would, because my name was all over the relief from stay! I do have a ? though---will a "foreclosure" then also appear on my credit report, even though my name wasn't on the mortgage? It's not like that's even a big deal at this point, like it matters in the scheme of things, but I was curious...

[justbroke]

Justbroke, your answer to saddebbie was very good, and very helpful to those of us in similar boats--I too had wondered if I would be included in the f/c paperwork since I am on the deed, but not the mortgage. I assumed I would, because my name was all over the relief from stay! I do have a ? though---will a "foreclosure" then also appear on my credit report, even though my name wasn't on the mortgage? It's not like that's even a big deal at this point, like it matters in the scheme of things, but I was curious...

No. Since you don't have a fiduciary responsibility for the mortgage... they can't list it in your credit report! Not unless, the Bank is already reporting you as a "co-debtor".

Anyhow, I'm pretty sure you could have it removed it it did suddenly appear. You were never financially responsible.