QUESTION

The bank is foreclosing on my dad's house and trying to charge me their legal fees. Can they?

Asked on Jun 24th, 2014 on Civil Litigation - Illinois
More details to this question:
My dad died two years ago, and his house is now being foreclosed. That is fine, as no one lives there and it wasn't willed to anyone (my dad had no will). However, the debt collectors are trying to take me to court and have me pay their legal fees in addition to foreclosing the house. I have not signed any of the mortgage paperwork, did not inherit anything from my dad, and I was a minor when the mortgage was written up. Can they legally get me to pay their legal fees?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
No.  They may have a right to get your dad's estate to pay their legal fees (if you are administering your dad's estate, you would be sued as executor or administrator, but that doesn't mean that you are being sued individually, just in your representative capacity), but if you really inherited nothing from your dad, you would not have any liability.
Answered on Jun 25th, 2014 at 9:51 AM

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