Hello! I have a complicated issue here. My mother passed away in 2006, making my step-father the executor of her estate. As her only heir I inherited the property and house in which I currently reside. The mortgage through Bank of America was in her name only, not co-signed by my step-father. He agreed with me to make the monthly payments indefinitely since I declined any life insurance money or my mother's monthly retirement leaving it all to him. He explained to me that one of his life insurance policies was set up to directly pay off the balance of said mortgage if/when he passed away. I was told his daughter, my step-sister had instructions on how to carry out his final wishes. My step-father passed away in March of last year, (2018). My step-sister cut off communication with me immediately and became the executor of his estate. I was not involved in the probate proceedings.
Recently I received letters of intent to accelerate, and more recently intent to foreclose on my house if I do not pay the principal loan amount, $30,000 by 2/28/19.
  • My name is on the deed to my house. I have the original copy and a copy of the probate proceedings.
  • Bank of America did not respond to probate court and make a claim on the mortgage they held with my mother in 2006. My step-father simply kept her checking account open and deposited the money for the mortgage payment every month.
  • The mortgage was never in his name, nor mine.
  • I have a copy of the original promissory note
  • My step-father's house (formerly my mother's house) is listed as collateral on the mortgage
  • Bank of America did not even know my mother was deceased when I called them
  • Bank of america has sold the original loan to other lenders (all owned by Bank of America) several times, changing the loan numbers.

Can anyone tell me what my options might be?