Legal Question in Real Estate Law in Illinois
summons
I received a summons claiming me as a defendant on a forclosure. My wife tried to tell the person serving the summons that this isn't right. I also sent proof and a letter to the attorney for the plaintiff. They mailed us back the fron page of the summons. The home in question belongs to my Father. We all lived there together, until I had to move due to a job change. My Father has not sold, rented, or contacted the mortgage holder. My name is nowhere on the mortgage, nor has it ever been. All papers were signed by him. Acopy of the agreement was sent with the summons clearly signed by him.
I need to know who or where I should send a response?
I also live 4 hrs from there now.
2 Answers from Attorneys
Re: summons
They tend to sue anyone that may or might have an interest in the home. Since it is your father's residence, you might or may have a future interest in the home, so you were joined as a necessary defendant. I don't know where your zip code is, but I'm in the Chicago area; you should consult with an attorney in your area. Good luck!
Re: summons
They probably served you because they thought you were a party in possession (like a renter or something). Either have your father (or whomever appears on his behalf) explain that you don't live there anymore or you may have to show up yourself to tell the judge and the other attorney. It would probably help if you could bring proof of your new residence, perhaps a utility bill in your name at the new address.
Contact me if you have any other questions.
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