19 Kids and Foreclosure
A foreclosure suit was filed against the stars of the reality show “19 Kids and Counting” by Deutsche Bank National Trust Company. Jim Bob and Michelle Duggar say they never were told about the foreclosure attempt at all, so they sued Deutsche Bank in August 2014. After that, they filed a motion to dismiss their lawsuit.
But that won’t be the end of it. After their lawsuit against the bank is dismissed, the Duggars could still face foreclosure.
The Duggars’ argument is that, as owners of the house, they should have been on the lawsuit that was filed. This is a very important idea of “notice.” In the U.S., having information that a lawsuit has been filed against you is very critical. A person who files a lawsuit has to get a signed affidavit saying that the person was serviced notice and file it with the court. The reasoning is you need people to have a chance to speak up for themselves. They can only do that if they know about the lawsuit to begin with.
If the court hears a case when one of the parties hasn’t had “notice,” then it doesn’t matter if there was a trial with a jury, the whole thing would be thrown out of court.
In this case, the Duggars didn’t have the “notice” required by the courts that there was a foreclosure lawsuit filed against a property they owned. The Duggars did not live in the house, but that doesn’t matter. There was still a requirement that they be given “notice” of the lawsuit so they could file an Answer to the charges by the bank.
The lack of “notice” is the reason the Duggars sued the bank. However, they changed their minds and asked that their lawsuit be dismissed. There may be reasons for this, such as a negotiation with the bank for payments.
The court documents can be read here.
If you are facing foreclosure, need foreclosure mediation help, or debt relief, phone Axsmith Law LLC at (202) 285-5415.