Legal Question in Real Estate Law in Illinois

Generally speaking if you did not sign the mortgage deed OR the promissory note that probably is what the mortgage secures, you are not personally liable on the debt, but can still lose the home through the foreclosure process. But since we can't see the paperwork, this is still all speculation. AND it may make a difference depending how you are named on the ownership of the property. SO go see an attorney if you have an interest in trying to hold onto the house. If you are in a position to refinance it, that may be part of one solution. Maybe.

From what you are describing, the answer should be "no." It sounds like the loan was done in his name and he is the only one personally on the hook (if the lender cannot recover its losses through the property). You are being served solely because you have an ownership interest in the property. To foreclose and get a clear interest in the property, your interest has to be extinguished, but that is not the same as holding you responsible for the loan itself should there be a shortfall. All that, however, is speculation. You may be able to read the foreclosure complaint and the loan documents attached to it to determine what the complaint says about seeking a deficiency judgment and whether you signed the note, but you would be best served having an attorney look through the paperwork. Finally, it is also assumed that there is not any value in the property worth saving. If that is not correct, an attorney can also help you evaluate whether there may still be an opportunity to sell or refinance the property for someone's benefit.