Civil Action: Mortgage Foreclosure on a House That is Not Mine

[Hillie]

My question involves a foreclosure in the State of: PA
In Feb of this year (08) my mother passed away. She died in testate and I have been in Probate court for about 7 months. The deed and mortgage are only in my mothers name. The mortgage has not been paid since March 08. I was advided to not pay and the mortgage company was notified of the situation. I just recieved notification that myself and brother are in a Civil Action: Mortgage Foreclosure. In there any merit here? They have it listed that we are the morgagors, that is not true. What should I do??

[OhMy]

My question involves a foreclosure in the State of: PA
In Feb of this year (08) my mother passed away. She died in testate and I have been in Probate court for about 7 months. The deed and mortgage are only in my mothers name. The mortgage has not been paid since March 08. I was advided to not pay and the mortgage company was notified of the situation. I just recieved notification that myself and brother are in a Civil Action: Mortgage Foreclosure. In there any merit here? They have it listed that we are the morgagors, that is not true. What should I do??

The bank is going to foreclose on the mortgage since no one is paying on it. If you did a re deed to yourself and your brother you are being sued off of the title.

Many mortgages have a death clause, meaning, the mortgage comes due and payable upon the signers death, HOWEVER, if they where willing to collect payments from you then it was your choice to make the payments or let the house go back to the bank.

The bank has a mortgage on the house, they are not going to walk away from the money. If you do not pay them they have every right to foreclose.

[Hillie]

I total understand they want the money or the house. I have no problem giving them back the house. I was planing to surrernder it once everything was settled with Probate Court. I was told I had to wait till that was situated before I could do anything with the house. We did not do anything with the mortgage. I guess the bigger question is can this effect me, my credit, or the home I live in(mortgage is paid every month)?

[OhMy]

I total understand they want the money or the house. I have no problem giving them back the house. I was planing to surrernder it once everything was settled with Probate Court. I was told I had to wait till that was situated before I could do anything with the house. We did not do anything with the mortgage. I guess the bigger question is can this effect me, my credit, or the home I live in(mortgage is paid every month)?

This will not effect your credit at all. Only the people who signed the mortgage are effected.

Again, you are being taken to court to remove you from the title. This will have no impact on your credit nor on your own home. Since you are not the one who signed the mortgage.