I have a seller that I am working on a short sale of his proThe judgement is for both the husband and wife although the wife is not onn the mortgage. Can the courts render judgement against the wife if she was not on the mortgage? Property in Illinois
To All,
I hope someone could give some input on this. I have submitted posts in the past and noone seeems to respond. I value all of your thoughts. Trying to get in the loop with the community here but not having much luck.
Best of wishes to all!!!
The wife must be on the deed, then?
NO.
I am sorry…The wife is on the deed. Can they render judgement because she is on the deed even though not on the mortgage doc’s
My understanding is if she is on the deed, she would have to notified of the foreclosure. Not necessarily a party to it.
But if what you are getting as you want a court to nullify the foreclosure judgement, that isn’t easy in IL and you need an attorney’s advice. Generally lenders attorneys know the law pretty well and don’t make alot of mistakes in FC filings.
Good luck
Eric
Guys,
Please explain me, if wife and husband both on the DEED, but the Loan is on only one person’s name, does the other person would still be responsible for the deficiency in foreclosure ?
Please help.
Pady,
Most likely not. The signers to the note/mortgage are the people responsible for the loan legally.
What I am saying about SS is that a loss mit person might look at others on the deed to try to ascertain the REAL financial resources of the family in order to decide whether a SS os appropriate.
Again, folks, some of these questions are what RE attorney’s are for. They are a good resource. Chat forums can be dubious
Eric,
Thank you for the response. I was just wondering is anyone who faced this kind of situation in real and would like to know the consequences.