Legal Question in Real Estate Law in Illinois

Reak Estate Law

My father died recently and the

mortgage on his house was

carried by the previous owner.

There was a one time down

payment of 34K on a 87K

morgage leaving a balance of

of 53K After 11 Years of

payments the principle in the

house is an additional 5K. I am

not in a position to continue

paying the mortgage and was

curious if any of this principle

put into the house is

recoverable or does the house

revert to the owner because

the contractual obligation can

not be forfilled to complete the

mortgage.


Asked on 3/22/07, 10:31 pm

2 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Reak Estate Law

Hello. I have seen these situations

before. The legal issue is whether your father ever had any ownership in the house. If the property was

quit claimed to your father with the

existing mortgage remaining, your father's estate will have an interest in the property. If an estate has not

been opened, it should be. This is the best way to proceed under the

circumstances. Will be happy to discuss this further and in more detail.

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Answered on 3/23/07, 12:11 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Reak Estate Law

You need to see a lawyer as soon as possible! You do not want to lose an asset with a value that may be over $5000. There are definately ways to recover but time is important.

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Answered on 3/24/07, 9:08 am


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