Q: Can siblings that were willed property be held liable for a loan obtained fraudulently by one member minus others knowin
A:
I don't understand the question. Assuming someone has died and owned property and left to heirs, then all heirs own the property equally. A loan cannot be placed on the property unless all heirs agree, so I am not sure how this could be fraudulently done or who did the fraud. Was it an heir? A mortgage lender?
The proper thing, if there is some kind of lien on the title that was induced by mortgage fraud, would be to bring a quiet title action to remove the cloud on the title (i.e. the fraudulent lien). If this is just a personal loan, then I don't know why it would affect the other heirs at all. There may be consequences if the person who took out the loan does not pay but the lender would have not be able to seize the property in execution or force a sheriff's sale if the lender got a judgment.
The other siblings/heirs who were not party to the fraud and did not obtain the loan are not liable to repay the loan.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
