Hello,
I was just served 2 lawsuits for foreclosure for a property I do not own, never owned. When my property was transferred into the LLC the atty accidently put down incorrect unit number. Then we filed a corrective deed a year ago, at the time the mistake was created. Now the owner of the incorrect unit is in foreclosure, and his bank included me in 2 lawsuits!!! I will talk to atty on Monday to see how fast we can undo this, but the biggest concern is the ripple effect on my credit, since the suit lists my LLC and my personal name, and it is out of state property, so I guess that makes it two FEDERAL law suits!! I am afraid I may have to counter sue to correct this!? Anyone know??
Thanks
Don’t overreact. Last time I looked, foreclosure is not a Federal case. Foreclosures are filed at the county courthouse for the county where the property is located, not in a federal court.
Simply contacting the attorney handling the foreclosure may resolve the problem for you without any need to resort to a countersuit. I suspect that when the attorney realizes the error, he will withdraw the action and refile it naming the correct parties.
Did you manage to contact the bank’s attorney? You should have your attorney send a copy (certified of course) of the deed correction paperwork to their attorney/trustee immediately and ask to have your name withdrawn from the suit.
As you were not on the promissory note, you should not have any ripple effect on your credit at all - however, I would demand a letter both from their attorney and the bank that filed the foreclosure suit stating that neither you, nor your LLC has a current nor previous vested interest in the property and that the suit against you was filed in error ( Just in case it does somehow show up somewhere later on)
Good Luck!