Is it Legal to Provide Notice to Only 1 of 2 Persons on the Deed and Start the Foreclosure Process?

Foreclosures are a tricky process for everyone involved, and no foreclosure is alike. Every loan, circumstance, and result can vary by numerous factors and this tends to leave the average homeowner in the dark during the hard-to-navigate process. When two names are on the deed, things can get even stickier. There is no cookie cutter, one-size-fits-all answer for questions regarding home foreclosures, but there are some common policies to follow, especially when you are dealing with a two-owner property.

When the bank is handling a property with two individual owners, it is entirely possible (and legal) for only one of the two persons involved to be served with the Notice of Foreclosure. If this occurs, the person who received the notice is required to serve the other with the documents. The party notified by the bank has twenty days from the date of receipt to get a copy of the documents into the hands of their co-homeowner. In an occasion where this does not occur, the person that was not notified can request a default motion.

It is vitally important that you consult with an experienced attorney immediately upon receiving any foreclosure documents. Allowing a professional to lead the way can help alleviate any mistakes and could actually result in you being able to save your home. Any delay in retaining an attorney could prevent you from being able to file the according motions and could result in the loss of your home. Don’t leave the fate of your property up in the air; consult with a qualified attorney today.