Legal Question in Real Estate Law in Illinois

if i do not sign as a mortgagor and waive my homestead rights in illinois can I be held responsible for the debt incurred by my spouse


Asked on 2/13/13, 3:06 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Well, no, but mostly because your spouse will not get the loan. Your signature is required on the mortgage and probably a few other documents, depending on if this is a purchase or refinance. However, the only way you are responsible for payment is if you sign the note. One other thing to point out is that if the payments are not made, the lender can still foreclose, and you will lose your home, even if you are not responsible for making the payments.

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Answered on 2/14/13, 8:04 am


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