Legal Question in Real Estate Law in Illinois

I have received a Mortgage Foreclosure Summon in IL, for a property that my husband is the borrower. I am not on the mortgage and I don�t live at that address anymore. My husband and I separated a while ago, but did not file for divorce yet; he still lives at that property.

I was surprised that my name appears on the summon, and I am required to appear in court and pay an appearance fee. Since I have nothing to do anymore with the property that is being foreclosed do I have to appear in court?

If I ignore the summon can this get me in trouble at all?

( My understanding was that my husband received a similar document and he will try to work it out, but not sure how this will affect me is case he doesn�t?)


Asked on 10/22/12, 11:20 am

1 Answer from Attorneys
Stephen Messutta

It has less to do with whether you signed the mortgage but what are your title interests in the home. If you and your husband owned the house together, the mortgage company is trying to foreclose out your interests. If you did not have any ownership interests the mortgage company is still trying to make sure that any interests you have as the wife are foreclosed out. You should get an attorney involved because this will be too complicated to deal with in this kind of website. Other than that, the fact that you are named in a foreclosure action and ignore it could cause you credit problems down the road, and you could have an irreversible judgment against you that interferes with your own rights.

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Answered on 10/22/12, 8:54 pm


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