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raptor_rider

(1,014 posts)
Thu Jul 24, 2014, 05:13 AM Jul 2014

I'm confused!!!

Ok. I live in a double wide home, it belonged to my in - laws. They left the country, leaving a business, and two homes, one that my family is living in. The had it moved, illegally, and placed on a perminate foundation, against the homes contract. Then the moved out of country 2 years ago, and the mortgage company is coming after my husband, myself, and parents, for payment, who where never on the contract. My father however, filed an abounded dwelling, and secured the title of the home, and since it's on his property, can keep it. Now the bank is seeing us and my parents for payment, when we were never named on the contract!!! It's named for a completely address from where it resides!!! They breached the contract, not us!!! They cannot touch them since they moved out of country! However trying to get all of us, who are not named on the contract!!! This company is far reaching, however don't think going to make it!!! To move the home, they'll have to pay my father for destroying his property, which will be in the tune of over $25,000' worth more than the home, since it's on a perminate foundation!!!

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I'm confused!!! (Original Post) raptor_rider Jul 2014 OP
Perhaps you need to see a lawyer? femmocrat Jul 2014 #1
We did talk to a lawyer raptor_rider Jul 2014 #2
Bein sued does not mean you are liable dr.strangelove Jul 2014 #3
We've already filed motions for dismissal raptor_rider Jul 2014 #4

femmocrat

(28,394 posts)
1. Perhaps you need to see a lawyer?
Thu Jul 24, 2014, 10:37 AM
Jul 2014

Good luck to you.

Not the same, but we were sued for the balance of my sister's mortgage after she passed away. We were not the heirs, so the attorney told us to ignore it. If you are not on the contract, I doubt if you are liable. But it sounds very complicated and I am not an attorney!

raptor_rider

(1,014 posts)
2. We did talk to a lawyer
Thu Jul 24, 2014, 03:58 PM
Jul 2014

When this all came about. He said that we are not liable since we are not on the contract. We are just caretakers of the home. We make sure everything is in working order and no damage happens to the home. Granted we have house insurance on it, however that is covering our butts, in case anything happens.

dr.strangelove

(4,851 posts)
3. Bein sued does not mean you are liable
Thu Jul 24, 2014, 04:04 PM
Jul 2014

But it costs money to defend yourself. Get a lawyer fast and file a pre-answer motion to dismiss. Its the cheapest way to go. Good luck.

raptor_rider

(1,014 posts)
4. We've already filed motions for dismissal
Thu Jul 24, 2014, 05:22 PM
Jul 2014

How the judge ruled on the lawsuit that we are named in to default to the mortgage company. They added ours names to it after the fact, which I think is unlawful all on it's own!!!
My father and I were called into deposition on the case just 2 months ago. The lawyer for the mortgage company is really reaching, and really doesn't have a leg to stand on. My father really covered his bases when he acquired the title on the home.

On edit: damn iPad!!!

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