Must I go to court regarding foreclosure I a house that I no longer own?

UPDATED: Sep 30, 2022

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Must I go to court regarding foreclosure I a house that I no longer own?

My wife and I had a bankruptcy discharge about 14 months ago in which we surrendered our house. I was just served a civil summons to appear for foreclosure proceedings. We technically do not own the house anymore. Is this just a formality or should I seek counsel?

Asked on March 24, 2016 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Seek counsel: clearly, whomever is foreclosing believes you still own the home. If you don't own the home, you want to make sure that is fully cleared up, so you can be dropped from the matter and the foreclosing party's records and do not end up with a judgment against you which can have various negative effects, including on your credit history.

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