Legal Question in Real Estate Law in Illinois
are previous owners listed as defendents on foreclosure paperwork along with current owners? Do previous owners have any financial responsibility?
1 Answer from Attorneys
When a lender is about to foreclose, one of the things they do is get "Minutes of Foreclosure" which is like a title insurance commitment, showing status of record title (and potential survey issues) with a property. If any PRIOR owners' names appeared on the Minutes, it could be because they hold a purchase money mortgage of some kind, or another document shows them as having some continuing interest. The purpose of a foreclosure is to "foreclose" out any junior liens and other interest holders. So generally no, prior owns have no financial responsibility unless they retained one, but the flip side is that if they are named then the lender that is foreclosing is trying to get the lesser interests wiped out, so if the prior owners are holding some kind of purchase money mortgage, their interests could be wiped out too. Unfortunately you are not giving us enough facts to make a reliable determination as to whether this is the case.