QUESTION

Can my dad get sued for the state of disrepair our house is in that is also in a process of foreclosure?

Asked on Apr 17th, 2014 on Foreclosures - Illinois
More details to this question:
So our house is in a process of foreclosure because my grandparents' didn't have a will when they died and it's not currently under my dad's name. Supposedly my dad has tried to get the house under his name and has gone to court but it wasn't cleared up there. Well besides that, I've become worried that the bank might take some action against my dad for the state of disrepair the house is in. It is really just beyond repair. The front stairs to the house is collapsed, the front door has no lock, the bathrooms are in horrible condition, the floors are grimy, the kitchen is disgusting, there are multiple broken windows, etc. I would call it unlivable except we live here. Is it even likely that some kind of punitive action will be taken against my dad once we leave the house for the state it is in?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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The reason your dad couldn't get the home under his name is because there still a mortgage on it and you can't transfer property from one person's name to another until all liens have been removed from the property, this cannot be accomplished until the mortgage itself is paid off and any other liens are paid off. Also, the estate would need to be probated in court before ownership could transfer and since there iis no money in the estate, it's just better to walk away. With that being said since your father's name is not on the deed and he did not sign for the mortgage he has absolutely no financial responsibilities to the bank. Unless they can prove that the damages your speaking about in your question were caused by actions of your father, on purpose, to attempt to in some way for the bank directly, he has no financial obligation. Basically you wait for the foreclosure sale to happen and what ever eviction process was within the state you live in will occur. Some states they allow a sharp you to show up at your house and kick you and everything else out and other states like Massachusetts they give you a sufficient time after going through a lengthy legal process to even get in front of the judge so you tenants usually have 3 to 6 months once the eviction process has started. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Apr 17th, 2014 at 4:19 PM

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