Chicago, IL asked in Real Estate Law for Illinois

Q: Our daughter hasn’t paid her share of the mortgage for 5 months putting us in a financial bind. What can we do?

We own the home we live in with our daughter. She is living in another state. She is refusing to pay her share of the mortgage.

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1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered

A: Any and all notemakers are jointly and severally liable for the indebtedness. There is no proportionate share unless some notemaker sues the other for contribution, and wins. Foreclosure is against the land and the lender can sue any notemaker for the entire debt or deficiency remaining.

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