Q: As an heir without being named on a mortgage, can the bank come after me during foreclosure?
My dad passed in 2/2015 and left everything to my mom, who is in a nursing home with end stage Alzheimer's. The home went into foreclosure b/c none of us heirs wanted the house and they were upside down in it. They live in NY state and I'm in FL. I was named as a defendant on the court paperwork. Can they come after me if the home sells for less than was deemed owing at the time of the judgment? I was not listed on the deed or the mortgage.
A: Yes. It is standard procedure for a lender to name the "unknown heirs" as defendants in cases where the borrower passed away. The lender attempts to identify and serve the heirs, but if they can't they will publish legal notice if they cannot be served. That could result in you being named as a defendant by virtue of having an interest in the property as a possible "heir" to the borrower's estate. You should not be alarmed, as the foreclosure judgment would only be for possession and not a money judgment. You would only be responsible for money damages if you signed on the Promissory Note. Hope that helps! Best of Luck!! Jennifer
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