Legal Question in Wills and Trusts in Pennsylvania

Stepfather passed away. Home is going in foreclosure. I was sent a paper to sign waiving my right to be named as a defendant in a foreclosure action. Do I just sign and return or is there something else I should be aware of. I don't want anything to do with the home


Asked on 5/12/12, 6:23 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If your name is on the deed, you would be a named defendant. If your name is not on the deed but your stepfather left an interest in the house to you, you would be considered an owner, all but for having your name on the deed. Having yourself named in a foreclosure action is not a "right", it would be a blot on your own credit rating.

If you have any doubts about what you are being asked to sign, consult with a lawyer.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/12/12, 10:40 am

I don't understand. First, you havev no right to inherit anything from your step-father. If he had a will leaving the property to you, that's different. If your name was on the deed as a co-tenant, then you would not be asked to waive your rights. You would be listed as a named defendant in the foreclosure action. The same is true if you were not on the deed but were listed under the will However, unless your name is on the mortgage loan, this should not be reported on your credit.

What I suggest is that you go and speak to a foreclosure attorney in the county/state where the property is located as your post does not really make sense and I don't know what kind of a paper you would be sent. Pay the attorney for a 30 minute consult to review the paper and any other relevant documents.

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Answered on 5/13/12, 8:32 pm


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