Philadelphia, PA asked in Foreclosure for Pennsylvania

Q: Do I have to appear in court as a legal heir on a foreclosure if I don't want the house? Do I even need to respond.

The house in in Chicago, IL and I live in Philadelphia, PA if that matters.

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

A: If you do nothing, the court will enter a judgment by default against you and any interest you may have in the property to be foreclosed. In PA, DE and several other states, a foreclosure is an "in rem" proceeding, limited to foreclosure and sale of the property, and does not initially determine and personal liability of interest holders (those who signed the underlying Note or any guaranty).

Probably, you can simply default in the case and let the property go (you should determine whether there is any equity in the property first). But you should be certain that the Complaint in the foreclosure case does not seek to establish your personal liability for any part of the Mortgage debt.

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