Dig this – We had tenants and received a judgment against them in 2003. We had it docketed, in case they won a million one day. See they are both on disability and as you all know – you can’t attach a garnishment to that.

Know what I am getting for that? A notice delivered that I am a DEFENDANT with the losers! Along with Mortgage Electronic Registration Systems, Inc, Department of Revenue, Department of Workforce and County Human Services! That’s right – lumped in with the losers!

How you ask? Countrywide Home Loans, Inc made a home loan to these losers! They are now trying to foreclose on the property. And apparently because we have a judgment against the losers, we have a “lien” on the property they are trying to foreclose! But there we are, named as defendants with the losers!

Have to write some letters to the attorney and courthouse – why? Like we are going to get any money on our judgment, after Countrywide forecloses and sells? I gave up on that money long ago – thing is – we are listed as defendants! The case is showing in the records with us as defendants! Credit affect of some kind??!!?? Pay an attorney $250/hour to find out?

We did right and sued ‘em for being losers. And then docketed it so others would not rent to them. Now we are being punished?

I need a drink……or two

I think you will find that your documenting everything in writing is enough to clarify why you were once a defendant.

Not too many months ago a similar scenario came up, I don't recall the title of the post but maybe the next posters will.

Wouldn't it make for an interesting story if you ended up dealing with Countrywide and buying their place for pennies on the dollar.

Your only tie to the case is your lien against their property? You'll come out OK. Just sucks to be lumped in with them.

Four or five years ago, I was in the same situation that you are in, Mary. I had a judgment against this bozo-renter and someone was foreclosing on her house. I really felt violated that I was listed as a debtor along with this deadbeat.

I contacted several people-in-the-know, and they said that I shouldn't worry about it. It was just a "formalitity".

I had a similar thing happen to me about 12 yrs ago. I rented some cropland to a person that owned a farm and a house in the city.

I was served papers, like you, with my name as a defendant and freaked out. Found out it was nothing to be concerned about. I can't remember what I needed to do,as far as paperwork, if any, but in the end it was between myself and someone else to get the last $100 left after the procedure was over. The other person had filed first or some such thing (don't remember) and they got the $100. I didn't figure it was worth fighting over.

It is not such a big deal, as I originally thought and no attorney was needed. You are just listed, as a formality to be sure that the final decisions include your judgement in the record, even if you get nothing.

Don't worry about it.

Forgot to mention that both their properties were going up for foreclosure. Apparently he had been hurt in a farm accident and was laid up for awhile. I think that they owed me about $1600, but don't remember exactly.

Charlie – Exactly! That was one of my questions. Not only do these people have my judgment, but SEVERAL others after my 2003 one and they got the loan in 2005. I suppose it was because of the rush around 2003 to 2005 from the dropping interest rates, where the mortgage companies couldn’t get loans and refinances done fast enough. It’s funny though – we are the “perfect’ background people, but we were put through the wringer [felt like criminals for following the rules] when we refinanced and I’ll bet they basically handed over the money to these people. It seems like if you’re good – they check you like nobody’s business. If you’re a loser – oh, here’s your money!

Radar – thanks for the words. After I settled down, somewhat, I came to the same conclusion as you. Doesn’t feel much better, but it’s nice to know that this is somewhat common.

Cat – Wow, another with the same problem. I tell you that I have never heard of this or even imaged it could be possible. But thanks for the words confirming what others have said – in the end it’s no big deal.