Legal Question in Real Estate Law in Illinois
Dad died before signing the whole contract
My dad was killed in a motorcycle accident 10/21/06, just days after he refinanced his house. He has always had the ''insurance'' that will payoff your house or car if you die. He was getting it for the refinance but the paper came the day he died and he didn't get to sign it.
When I bought my car the guy told us that you have to sign so they know you DECLINED the ''insurance'' otherwise you get it and have to pay for it each month.
My question is... Since Dad didn't get the paper but they knew he wanted the ''insurance'' does that change anything? Also since he didn't sign that page was it a complete contract?
We are paying the house off because it is about to go into foreclosure, but I would really like to know we have to.
2 Answers from Attorneys
Re: Dad died before signing the whole contract
As in my previous answer there are too many variables. You need to have this reviewed by a lawyer.
Please feel free to use these resources:
email: [email protected]
web: www.michelottilaw.com
blog: blog.michelottilaw.com
Re: Dad died before signing the whole contract
You're probably out of luck since it was never signed, although perhaps an "equitable" (as opposed to legal) argument can be made as you suggest. You should try to find an attorney who specializes in insurance issues, who will have a better idea than a real estate attorney about such matters.
Good luck and please feel free to contact me if you wish.
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