Legal Question in Real Estate Law in Illinois

1 Question

Hope someone can help me out and lead me in right direction.

My dad passed away in spring of 2005. There is 1 problem remaining and it has to due with his home. My dad bought a home in 1992 by himself and was only person listed on the deed. Dad remarried in 1997 and in 2003 he refinanced his home and took out a 2nd mortgage to purchase a vehicle. We just recieved the loan docs from the bank 3 days ago and stepmom is on all docs pertaining to 1st and 2nd mortgage( she claims she wasn't, only on deed). Stepmom went to bank that holds the mortgages and told them she could not afford payments. Bank has since a claim against estate. IS she responsible for these mortgages?

This has been a painful process. The Estate's attorney( my dad's peronal attorney for 30 years) beleives my dad had thought that since he deeded the house in J/T( with no mention of Rights of Suvivorship) that the house would be split 50-50. the attorney said he never dealt with my dad on his deeds. My dad had 2 wills (1971 when I was born, and 1978 when my parents divorced)that left me as sole beneificary to his estate.


Asked on 7/13/05, 9:58 am

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: 1 Question

If stepmom signed the mortgage notes, she is personally responsible for the loans. Also, there was no way father could have avoided mortgage liens by deeding part or all to stepmom. Keeping this in mind, It's best to see what can be done in terms of a refinance w/ current or another bank.

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Answered on 7/13/05, 10:06 am


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