Being Sued for Home We Did Not Buy

[jamessmith001]

Hi, I'm from Pennsylvania, and here is the situation.


My late uncle bought a newly constructed home through a program called Habitat for Humanity that is supposed to help low income people acquire their own property. Nobody cosigned or gave him funds to buy this home, he did it all on his own accord.


Well, within about 6 months of acquiring the home through Habitat for Humanity, my uncle suddenly died from cancer. My uncle was unmarried, but has 7 children through different women that he never took care of, nor was he ever apart of their lives.


Now here is the problem. Because nobody in the family wanted the house, the home went into foreclosure and Habitat for Humanity has now brought a lawsuit against my mother (my uncles sister), all of his children, and even my uncles deceased mother. At this point in time, Habitat for Humanity refuses to remove my mother from the lawsuit. The only reason they know who my mother is is because my mother signed the death certificate for her brother.


We have retained a real estate lawyer, but I just want to get another perspective. Is this legal? How can people be sued for a home they don't want, never bought, didn't cosign for, or even lived in even if they are related to the person on the deed?

 

[LdiJ]

Hi, I'm from Pennsylvania, and here is the situation.


My late uncle bought a newly constructed home through a program called Habitat for Humanity that is supposed to help low income people acquire their own property. Nobody cosigned or gave him funds to buy this home, he did it all on his own accord.


Well, within about 6 months of acquiring the home through Habitat for Humanity, my uncle suddenly died from cancer. My uncle was unmarried, but has 7 children through different women that he never took care of, nor was he ever apart of their lives.


Now here is the problem. Because nobody in the family wanted the house, the home went into foreclosure and Habitat for Humanity has now brought a lawsuit against my mother (my uncles sister), all of his children, and even my uncles deceased mother. At this point in time, Habitat for Humanity refuses to remove my mother from the lawsuit. The only reason they know who my mother is is because my mother signed the death certificate for her brother.


We have retained a real estate lawyer, but I just want to get another perspective. Is this legal? How can people be sued for a home they don't want, never bought, didn't cosign for, or even lived in even if they are related to the person on the deed?

It makes absolutely no sense.

I can only assume that they believe that he had assets of some sort that should have been used towards his debts, that were instead taken by his heirs, or that he was entitled to an inheritance from his mother that somehow got re-directed to someone else (assuming his mother died after he did, or shortly before he did).

If that was not the case, then they all need an attorney and that attorney should probably ask that Habitat for Humanity pay their legal fees for filing a frivolous lawsuit. I would even be tempted to get the media involved.

 

[jamessmith001]

It makes absolutely no sense.

I can only assume that they believe that he had assets of some sort that should have been used towards his debts, that were instead taken by his heirs, or that he was entitled to an inheritance from his mother that somehow got re-directed to someone else (assuming his mother died after he did, or shortly before he did).

If that was not the case, then they all need an attorney and that attorney should probably ask that Habitat for Humanity pay their legal fees for filing a frivolous lawsuit. I would even be tempted to get the media involved.

Thank you for your reply!

 

[FlyingRon]

Foreclosure suits need to list anybody who may have an ownership it as they must be made aware that they will lose their ownership interest in the foreclosure. It doesn't mean that you are liable for anything. Your mother has been identified as a potential owner (by inheritance) of the property.

The real estate attorney should have been able to explain this to you (well your mother) in two minutes.

 

[LdiJ]

Foreclosure suits need to list anybody who may have an ownership it as they must be made aware that they will lose their ownership interest in the foreclosure. It doesn't mean that you are liable for anything. Your mother has been identified as a potential owner (by inheritance) of the property.

The real estate attorney should have been able to explain this to you (well your mother) in two minutes.

I am not entirely sure that is what is going on here. Normally the way a mortgage company would handle that is to sue the estate of the decedent, not potential people who may or may not be heirs.

 

[FlyingRon]

I am not entirely sure that is what is going on here. Normally the way a mortgage company would handle that is to sue the estate of the decedent, not potential people who may or may not be heirs.

Normally they tend to cast a wide net. It's better to name the potential owners in the suit than to get challenged that the foreclosure was invalid for the lack of the required notifications.