My father-in-law owned a house which my husband and I lived in. He passed away in September and we moved into the house he was living in. The mortgage company is now trying to sue my wife and I for the balance of the mortgage. Neither one of our names were on the mortgage, so do they have grounds to sue us?
1 Answer from Attorneys
A mortgage loan is a secured asset, meaning that the lender has a right to attach or place a lien on the property itself to recover the outstanding debt. They may be suing you personally and therefore have you as defendants because you are beneficiaries of your father-in-law's estate.