Will a foreclosure of a deceased go against me?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will a foreclosure of a deceased go against me?

My husband brother died 10 yrs ago. His wifeshe
was not on the mortgage continued making
payments for years. A couple of years ago she
wanted to sell the bank told her she could not and
she just abandoned the house. Now the mortgage co
is sueing, but not just her but all his siblings and
parents. They are selling the house. But our main
concern is, is my husband going to get a forclosure
against him?

Asked on July 13, 2017 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The insurer has to name everyone who has an interest in the home or may have an interest in it, in order to legally foreclose: the law requires that everyone who *might* have a right to the home be given notice and be brought into the lawsuit, so as to have a chance to defend their rights, if they choose. Being named in a lawsuit is a public record, so anyone named will be listed as a party in a foreclosure suit, but they should not be reported as having defaulted on a debt, loan or obligation unless they were on the mortgage; only the mortagors are responsible to pay it and therefore could be in default under the mortgage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption