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I am in foreclosure with a house in Boise, ID that I live in and have title. My stepfather is on the bank's mortgage note. If it forecloses can the bank go after his paid off home in Oregon and assets that he has in a living trust? He is 87 years old and I don't want to cause him confusion and hassles and hurt his estate.

jenkin7 · Posted: Wed Nov 04, 2009 12:27 am Post subject:

Hi cj,

As your stepfather is on the mortgage note, he is liable to pay off the loan. He is the one who signed on the note and hence, he is legally responsible for the repayment of the mortgage. Thus, the lender has the right to go after your stepfather's assets. However, the state laws vary from state to state. Since his paid-off home is in Oregon, not in the state where the foreclosure is taking place, it is unlikely that the lender will go after it.

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