Wonder what this is going to cost?

Errin OH · Nov 20, 2012

Mom got a summons and we are being sued by Bank of America for $150,000. I thought at first it was just a scam when she called. A "We're suing you call this number and provide your personal info" kind of deal, but it turned out to be real.

If I read it right they have foreclosed on the neighbors place and somehow included us in the suit even though we have no interest in the property described in the legal description of the property in the summons. That piece was sold off by my grandpa 50 years ago and has changed hands 3-4 times since.

I suspect they are either fishing for a default judgment or some clerk doesn't quite understand how legal descriptions read. Regardless, we will be answering the summons.....

I verified that the legal description in the summons did not include any of our place. What confuses me is they sued the right guy back in June, but here in the last few days re-filed a new suit to included us even though we have never held title to it.

Royse · Nov 20, 2012

Hire or at least talk to a local attorney that specializes in property.
The sooner the better. BOA is fraught with errors, and rich in counsel.

tractormiallis · Nov 20, 2012

Get a good lawyer. Would think it would get it dropped easily but what do I know. You have no claim to the land and have not for 50 years, what can they possibly sue you for? I would think it would be dropped easily with little effort, some cost, but I am no attorney.

wisbaker · Nov 20, 2012

Get an attorney and COUNTERSUE them. Remember they don't make errors, ask them they'll tell you, but when someone at BOA has to explain why they screwed up and BOA is getting sued they get a lot more efficient at straightening out what they will claim they never did. If you get a judgement they'll never pay, so file a lien on the property they re-popped.

Bob Huntress · Nov 21, 2012

It sounds like you need to speak with an attorney. I wouldn't jump to conclusions yet. Suit in your state could include very beign actions that involve little more than making a legal statement, which your attorney can handle for you. It is possible that they only seek certain paperwork.

MarkB_MI · Nov 21, 2012

Just a guess, but I suspect that when the lawyers did a title search on the foreclosed property, they came across some issue. Most likely they want you to sign a quit claim deed to clear it up, but don't do anything until you talk to a lawyer.

gene bender · Nov 21, 2012

Instead of posting on here you should have hung up and got a laywer say nothing at all let him take over. First nobody calls and says i am suing you. They have to serve papers then you get your laywer and let him handle the details.

showcrop · Nov 21, 2012

I expect that the Bank's attorney's 19 YO clerk just glanced at a record at the county register of deeds and got it wrong, or the deed to that or your property has an error. Soon after I bought our property in'89 we got the tax bill and it didn't look right. I went up to the town office to check and found that the neighbor's parcel that had been split off twenty years earlier was still showing as part of ours, and we were being charged for it just as the prior owners were for 20 years. I told them no thanks, I'll pay just my own and had them fix it.

Mike (WA) · Nov 21, 2012

In addition to a Summons, there is also a "Complaint", which is a document that states the claims they are making. In my state, it has to be served with the Summons, but I understand that such is not the case in all states. If your Mom was not given the Complaint along with the Summons, it will be on file at the court clerk's office- go get a copy.

The Complaint will state what their beef is with you, and I'm thinking that MarkB has it right- since its the property next door, there is some sort of boundary issue or encroachment that showed up on the title report. When an entity is trying to get clear title to property, they have to name anyone who is clouding that title in their foreclosure suit.

You need to have an attorney look at it, of course, but I wouldn't get too panicky at this point- its probably easily cleared up. And just because the lawsuit is for $150,000, it doesn't mean they are seeking any money from you- its much more likely its just to clear up a clouded title.

Oh, and when selecting a lawyer, don't pick Wisbaker- if you think you've got troubles now, just wait until you countersue Bank of America! That "giant sucking sound" will be your money being vacuumed out of your wallet!

Deere Scotty · Nov 21, 2012

GET AN ATTORNEY! All the bank cares about is getting money. It doesnt make a difference to some of them how they get it. You can try to talk to them; but in the future if You sell what You have there may be information that is still in a computer that says something false about what your selling; because nobody held them accountable for their actions. A good attorney will hold them accountable!

Stephen Newell · Nov 21, 2012

I doubt if it's going to cost you anything except the time to go to court. It sounds like there is a descrepency in the title and they want to make sure you don't have a claim to the property you can sue them at a later date. I just believe they want to make sure whoever purchases the property gets a clear title. I would wait until you find out what it's about before you spend money on a lawyer. If it looks like something you are getting in over your head tell them you are going to have to get a lawyer before you sign anything.

Hotflashjr · Nov 21, 2012

100% second Mike's post. I work in farm lending and when we foreclose if there is a title issue we cannot clear up on out own we have to also name the owner of the land whom we have the issue with.

I would get a real estate lawyer to help you through it. If it ends up costing you a dime that is when you could try and counter sue BOA or the guy they are foreclosing on for your costs. The sad part is countersuing will probably cost you more than you would get back!

Anonymous-0 · Nov 21, 2012

Read the post. It wasn't a phone call they got.

VADAVE · Nov 21, 2012

I agree with Mike(wa) and MarkB this should be easily solved.
You do need a Lawyer to ensure you're not taken advantage of.
When you hire a lawyer it WILL cost money so part of the settlement that your lawyer works should include his fee.
I doubt if there will be anything more than a hearing and maybe not even that.

Dean · Nov 21, 2012

There might be a cloud on the title forcing BofA to sue you or, less likely, the defendant impleaded you.

In any event, you will need a competent attorney.

Dean

David G · Nov 21, 2012

Get a lawyer, they will take care of it. I got sued once when they got the wrong company. The lawyer cleared it up quickly.

the tractor vet · Nov 21, 2012

It maybe that you still hold mineral rights on that piece If you do myself i would not sign off so get a mouth piece a good crooked one at that.

Mike (WA) · Nov 21, 2012

Yeah, get the crooked one who advertises "We cheat the other guy, and pass the savings on to you!" :>)

the tractor vet · Nov 21, 2012

I like usen a Family one . That way when he messes up he has no PIECE since his wife is my closest cousin.

dhermesc · Nov 21, 2012

Agreed. I have no use for an honest lawyer, I want to win.

thesmoothedeere · Nov 21, 2012

Sometimes they send those out to see if you would like to settle the claim or buy the property. Since you were past owners they may think you might want to buy it back. They had our former land owners on it when my mom was foreclosed on.

Dick2 · Nov 21, 2012

Get an attorney; BOA is just looking for someone with money to sue.

Maybe they should sue themselves for stupidity???

Wonder what this is going to cost?

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