Will a foreclosure of a deceased go against me?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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