My divorce was final in 1/2009. When we married, he had a home and convinced me to refinance his house. As part of the settlement, I had to sign an Interspousal Tansfer Deed; therefore, he was named the "sole owner". He died on 11/3/11 and he had defaulted the loan payments since 11/2010. Now, the Note holder is suing me for about $120,000.00. Also, I was not personally served on 9/30. The Server left the Summons at the front door. It indicates I have to retain a legal representative to answer within the next 30 days. Can you help me?
1 Answer from Attorneys
You may have defenses to the action against you. This forum does not allow a back and forth session, however, which is what you need. I suggest gathering the relevant paperwork and speaking to an attorney who is thoroughly familiar with secured land transactions in California. The paperwork that is relevant includes the following: copies of the divorce decree, and any incorporated settlement agreements, a copy of the interspousal transfer deed, and copies of any and all promissory notes and the deeds of trust that secured them. It will also help the attorney if you are able to state whether the property has been foreclosed on, and details about the loan that you are being sued on.
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