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Served a Summons for a House Belonging to Sister

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Frankg874

Junior Member
My sister recently passed away and had a mortgage for a home she is upside down on in Illinois. My minor children and I were served a Summons to answer to the complaint on the mortghage company foreclosing. What happens if I don't answer or do anything? I shouldn't be responsible for a siblings death. What should I do?
 


sandyclaus

Senior Member
My sister recently passed away and had a mortgage for a home she is upside down on in Illinois. My minor children and I were served a Summons to answer to the complaint on the mortghage company foreclosing. What happens if I don't answer or do anything? I shouldn't be responsible for a siblings death. What should I do?
If they foreclose, you and your children lose their home, same as your sister would were she still living in the home.

Who is handling your sister's estate? Tell THEM about the notice and give it to them.
 

FlyingRon

Senior Member
The foreclosing bank is usually required to serve anybody who MIGHT have an ownership or security interest in the place (that would include you as a potential heir). You can usually renounce your interest in the place if you don't care and let the foreclosure proceed without you.
 

Frankg874

Junior Member
Sandyclaus,

We don't live in that house. It was my sister who died, that lived there. Why would I want to make a claim against a house that is upside down? If there was value in it it would be beneficial. If I tried to make a claim for it I would become responsible for that debt, I believe.

Frankg874
 

Frankg874

Junior Member
Flying Ron,

Thanks for responding. I don't have an interest in it because it's upside down. I just don't want to assume any responsibility because that would make me liable for the debt, I think.

I just don't want any judgement enetered against me.

Frankg874
 

Ohiogal

Queen Bee
Flying Ron,

Thanks for responding. I don't have an interest in it because it's upside down. I just don't want to assume any responsibility because that would make me liable for the debt, I think.

I just don't want any judgement enetered against me.

Frankg874

You have a legal interest as you might be an heir.
 

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