Q: We are foreclosing on a purchase money mortgage. The deed and mortgage are only in the name of the wife, Mrs. Flowers. The prior foreclosure firm joined a fictitious spouse, and when the process server went out to serve the summons and complaint, same was personally served on Mr. Flowers (Mrs. Flower’s husband). He also accepted service on behalf of Mrs. Flowers.
Can you please advise if the marital interest of Mr. Flowers is subordinate due to the fact that this is a purchase money mortgage, even though this is their primary residence?
A: As the mortgage is a purchase money mortgage, it has priority over the marital status of the borrower’s husband. He is being served to extinguish that marital interest in the property, being that the property is the primary marital residence.
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