Will the mortgage company make me accept my father’s debt? 3 Answers as of August 16, 2013

My father passed away on January 30 and was at the end of his foreclosure proceedings. His final court date was February 21. He had an attorney that refused to tell me anything about the process unless I paid him another retainer to represent me. He had not made a payment since October 2010. I bought a house in September of 2012 and had my dad move in with my family because he was being foreclosed on and was sick so he couldn't really live by himself.

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Janke Legal Consulting | Bruce C. Janke
If your name is not on the deed and you didn't sign the promissory note, you have no liability for anything concerning the house. Did your father leave a will or a trust? If so, who did he leave the property to? If there is a will, or if he died without a will or trust, you would have to file a probate court proceeding to have title to the property transferred to you and any other heirs. Is the loan under water (loan balance exceeds market value)? If so, there is no point in you acquiring title to the home. The bank may try to persuade you to acquire title through probate, but if there is no equity in the property, there is no point in you doing so.
Answer Applies to: California
Replied: 8/16/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, they will just foreclose on the house.
Answer Applies to: New York
Replied: 8/16/2013
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
You will not be personally responsible for the loan, unless you signed on the loan. However, a deficiency may be charged to your Dad's estate if the state you are in permits deficiency judgments.
Answer Applies to: California
Replied: 8/16/2013
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