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I live in Ohio. My brother died in June of this year. He had…

Customer Question
I live in...

I live in Ohio. My brother died in June of this year. He had a second mortgage on his home and the amount owed is over $40,000.00 He had no will. I received a letter threatening to sue me and my unknown spouse for the debt. I did not cosign anything. He has a son who lives in the house and is planning to let the bank foreclose on the property. Why would Wells Fargo assume that I can be held responsible for this debt? I have no spouse and feel I am not responsible. Can they really sue me?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

I live in Cleveland, Ohio. I just picked up a registered letter from the Post Office today saying that I am being sued. I am going to assume that my nephew, his son, is being sued as well. My sister did not receive a letter. The case is pending in Cuyahoga County probate court.

Lawyer's Assistant: Has anything been filed or reported?

There is a case number, but that is all of the information I have. No trial date given.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that my nephew said that he is willing to let Wells Fargo take the house. He says he can't afford to make the mortgage payments or pay Wells Fargo. I have no interest in paying a debt I do not owe.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
12/22/2017
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,545
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can. Give me just a moment to review what you've written.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

Are you on the deed? Are you on any of the mortgage paperwork?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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