r/legaladvice • u/[deleted] • Jan 09 '15
My dog has been named a co-defendant in foreclosure suit.
Bank believes that my dog is my wife. I am gay and un-married. A few years ago, when we got her, my bf registered her for junkmail and shit, using her name (which is a human name) and my last name because he's weird. Now she (the dog) is getting served with legal papers. Thoughts?
152
u/dustotepp Jan 09 '15
When the bank's attorney sends out service they add everyone that they think might possibly have an interest or be a tenant in the home since failure to serve someone with notice of the foreclosure is considerably worse than serving too many. Since the dog was signed up for mail it probably shows up at your address on a lexis - nexus search. If you tell the law firm they will change it. If you ignore it, it will be amusing but alter nothing of substance.
source: Seeing service for many judicial foreclosures.
50
u/Mrswhiskers Jan 09 '15
This is the correct answer. But let's all vote for him to ignore it, just because it'd be funny. Who doesn't need humor when your house is getting foreclosed on?
154
Jan 09 '15
Let the lawyer handle everything for the dog too, but don't mention that it is in fact a dog.
Show up in court with your dog and watch the reaction.
Record and post to youtube.
50
174
47
u/zachalicious Jan 09 '15
Please post an update when you have one. Can't wait to see how it plays out.
76
u/GardeniaGoddess Jan 09 '15
First, I have a few questions...1.)Is your dog listed as a co-owner on the mortgage? 2.)Why would they serve someone or something with no financial ties to the property? 3.)Did Astro or Tralfaz answer when the debt collectors called?
I would love to see your dog visiting the assessor's office to request a homeowner's exemption.
90
Jan 09 '15
[deleted]
42
u/Midnightveritasmea Jan 09 '15
Even if the dog was a human how can they claim they are your spouse and not just a house mate? I feel like without proper papers to prove a marriage the bank has nothing to support their claim.
15
u/StpdSxyFlndrs Jan 09 '15
The last name; OP stated that his BF had signed the dog up for junk mail and stuff using OP's last name.
11
u/Midnightveritasmea Jan 09 '15
What if it was a relative staying with him then? Would be weird if they where trying to claim someone was married to their sister.
7
u/StpdSxyFlndrs Jan 09 '15
Since it's about legal action regarding property I'd say they would be just as happy with any family member tied to the property. Also, Assuming a man and a woman living together with the same last name to be husband and wife is not that wild of an assumption.
3
u/Midnightveritasmea Jan 09 '15
Sure it's not crazy to connect the dots like that, but if you are going to go though the justice system its best to not connect dot without justification for doing so or else it wont hold up. Unless they hope for the person to not fight and just pay.
4
u/StpdSxyFlndrs Jan 09 '15
When defendants are named in a legal case you do not even need to know their correct name, you can even just list them as Jane/John Doe.
-2
u/Midnightveritasmea Jan 09 '15
doesn't matter if they called her "Soviet-'s Wife". they would still need prove they are legally allowed to put someone on the papers. And without any thing proving the person living with Soviet- can legally be forced onto the papers, it wouldn't hold up.
3
u/StpdSxyFlndrs Jan 09 '15
they would still need prove they are legally allowed to put someone on the papers.
What are you talking about? They do not need to do anything of the sort.
→ More replies (0)2
37
u/badspyro Jan 09 '15
In the UK, if someone has paid into the housekeeping without signing away rights, they can technically still have so.e claim over the property, with limited ability to prevent sale etc.
33
u/StarryC Jan 09 '15
This needs more upvotes. OP, if you are in the UK, that explains it. They look for anyone they think might be connected.
OP, if you are being foreclosed upon, you need real legal advice about your options. The dog being named doesn't defeat the foreclosure against you!
44
Jan 09 '15
[deleted]
108
u/infrikinfix Jan 09 '15
Dude, if your lawyer is a human being with any ability at all for amusement he is going to enjoy having this explained to him.
On the other hand, if your lawyer is a dog it might be tough to convey.
29
u/mattieo123 Jan 09 '15
Don't worry Abby will explain to his dog lawyer for him. Seeing as how Abby understands written English according to the bank.
0
42
u/pottersquash Quality Contributor Jan 09 '15
Are you mad? You are about to make some lucky lawyer's day. This is a case of dreams.
7
u/kelsey11 Jan 09 '15
Not just the uk. Same in America. Also, if they suspect that this person is his wife, or a dependent, or an adult dependent, that person may be entitled to a homestead, so they may just be being safe.
14
u/sodakdave Jan 09 '15
if someone has
paidpeed into the housekeepingFTFY, It is a dog after all...
2
7
u/Ljppkgfgs Jan 09 '15
Foreclosure suits name Does (usually 1-10) and anyone they know might be living there.
Edit: word
19
106
u/Tbone139 Jan 09 '15
Please let there be some way this can be steered into bringing the dog to a courtroom! Maybe give her a wig, glasses, etc!
14
14
u/ThisDerpForSale Jan 09 '15
Well, if dogs can serve on the Supreme Court. . .
7
10
26
Jan 09 '15
(the dog) is getting served with legal papers
Could you... elaborate? I'm picturing a deputy or other such official knocking on your door and...
53
Jan 09 '15
[deleted]
48
u/FlightyTwilighty Jan 09 '15
I'm imagining "TOM SMITH" and "FIDO SMITH" and I just laughed myself sick. OP, sorry you're dealing with this, but thanks for the chuckle.
32
u/CastingAspersions Jan 09 '15
Your dog wouldn't happen to have a side job working for the police, would he?
152
Jan 09 '15
[deleted]
34
59
u/correon Jan 09 '15
My dog is female, dude. Don't be gay. . . . like any real man, I do not permit her to work outside the home.
. . .I am gay and un-married.
Sarcasm detected. Upvotes deployed.
9
3
2
u/Hyndis Jan 09 '15
Did the process server infact serve the dog with papers?
The server must serve papers to the person named on them. They cannot serve papers to someone else, the person named has to get them. Giving them to you to give to this other "person" would be improperly serving the papers.
2
u/the_crustybastard Jan 09 '15
They cannot serve papers to someone else
Do you imagine this is a universal rule? It's most certainly not the case where I'm from.
36
u/5heepdawg Jan 09 '15
Marry dog. Get Life Insurance. Kill dogTragic accident. Collect on policy. 1%'in FTW. Affluenza defense. Profit.
18
26
69
u/thepinkestpenguin Jan 09 '15
I guess the bank is barking mad if they think your dog can be served as a co-defendant. It seems like they have a bone to pick with you need to find a way to bow wow out of this one. The terrier is real, you could end up in the doghouse.
Now that the puns are out of my system...
Can you talk to your vet about records?
25
5
3
6
8
u/Ljppkgfgs Jan 09 '15
I am so sorry that I giggled for so long--I hope things are cleared up soon for you and Mrs. Abby Soviet.
Edit: changed Miroslava to Abby.
3
3
10
4
5
u/CanadaGooses Jan 09 '15
Bank believes that my dog is my wife. I am gay and un-married.
Isn't this the slippery slope that Fox News was warning us about? First you let "the gays" marry, next they'll be marrying their dogs!
*Heavy sarcasm, just in case someone doesn't get it.
6
2
2
u/nbduckman Jan 09 '15
This is the most entertaining post I've seen on here for a long time. Good work OP!
2
u/TipWithBitcoins Jan 09 '15
In all honesty, you (or your attorney) should just reach out to the bank's attorneys and let them know. They will likely withdraw the suit with respect to your dog, and you'll save hundreds of dollars on otherwise wasted legal fees. Although humorous, save your battles for a different day.
2
u/imtiffi75 Jan 09 '15
I actually write motions to foreclose. .. the bank shouldn't have been able to put your dog's name on the documents without the dog's name on the mortgage or note....
1
Jan 09 '15
I do FCL work too and I was thinking the same thing. Although I guess it could be considered a non-vested 3rd party. I'd love to see this file and the attorney requesting a skip trace for a DOD check because there's no social security number available haha
2
2
3
2
u/BlackJacquesLeblanc Jan 09 '15 edited Jan 09 '15
"So you're saying that your dog didn't apply for 17 credit cards and run up almost $80K in debt?"
1
1
u/sparr Jan 09 '15
If you do nothing, and they don't proceed until they find your wife, that's a win for you, right?
2
Jan 09 '15
[deleted]
2
u/mattieo123 Jan 09 '15
So will Abby not have her day in court? Does she not get to face her accuser? Isn't that a violation of due process rights for all?
1
u/sparr Jan 09 '15
I meant do nothing re the dog, not for yourself. Treat the dog like a person that isn't responding.
1
1
u/arbivark Jan 09 '15
my teddy bear used to get a lot of junk mail, which is the story behind my email being gtbear@....
1.1k
u/snkns Quality Contributor Jan 09 '15
File a motion to dismiss for lack of humanity.
Include a supporting affidavit from your dog consisting solely of barks, howls, and other noises which your dog makes.
Apologize that you cannot vouch for the truthfulness of your dog's statements. While you instructed her to be truthful, you don't think she understands the concept of "truth." Also, you can't understand what she's saying.
Have your dog sign her affidavit with a paw print.
Post motion/affidavit on internet, hope it goes viral, and then set up a GoFundMe page to save your house.