Allentown, PA asked in Foreclosure for Pennsylvania

Q: I am being sued in regards to my mother's former home which had a reverse mortgage.

My mother passed away Dec. 2018. She had a reverse mortgage on her home. According to her will, I am ineligible to purchase her home, that option was only given to one of my brothers. What, if any is my legal responsibility, and what can I do to remove myself from the lawsuit?

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Foreclosure Defense Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: Inasmuch as it appears that there is no remaining equity in the property, and the property is in foreclosure so that the entire remaining balance of the debt is now due and payable, you can extract yourself from the foreclosure suit (assuming you did not sign any note or guaranty of the mortgage debt) by filing a document with the court disclaiming any interest in the property. You were named as a defendant, I'm sure, because you are a statutory heir of your mother's estate. The foreclosure lawyers would no doubt be happy to prepare a disclaimer for you, or you can have your own lawyer do so. There are a handful of ways to achieve the same result.

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