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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111567
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife was served a scia fasiu on a home. What is it?

Customer Question

My wife was served a scia fasiu on a home her mother has a mortgage on. Her mother died about a year and a half ago. My wife never lived there nor was she involved in the mortgage in any way. We didn't know what to do so I called the lawyer who served my wife. They told me that if we didn't want to keep the house, we didn't need to do anything. I am suspicious of this answer. Should I be?
The house is in Delaware. We live in Indiana.
I have not talked to a lawyer yet.
My wife's sisters and brother also received one of these as heirs to the estate. The estate has no money.
They want about $180000.00
None of us want the house.
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question.
As your wife is an heir to her mom's estate, she had to be notified the lender is seeking to take the house for non-payment on the loan. The attorney is correct in that if no probate has been opened on the mom's estate and your wife does not want the house, if she does nothing because her mom had no other significant assets, the mortgage company will simply come in and take the house through the court process. So if they do nothing, the estate is insolvent and the mortgage company will take the house and the heirs are not personally liable for the debts of the estate because the estate is insolvent.
Customer: replied 3 months ago.
That helps me get some peace of mind.
Thank you so much.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your cooperation and understanding.