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    cstressedmom's Avatar
    cstressedmom Posts: 3, Reputation: 1
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    #1

    Aug 22, 2009, 07:19 AM
    Rights of deceased sibling of property in GA
    My mother is living in the home which she & my uncle shared for 15 years in Georgia. House and property both in Uncle's name. He passed away November 2008. Mother is approximately one month behind in payments, Mortgage company continues to harass my mom by calling approx 6-8 times a day. Do they have a right to harass her, even though her name is nowhere on the mortgage papers? What do I do to either get mortgage in her name, or get the mortgage company off her back? How can I get a copy of the mortgage papers to look at the contract? PLEASE HELP!
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Aug 22, 2009, 08:03 AM

    Who was the beneficiary of the will, the house ?

    Tick
    cstressedmom's Avatar
    cstressedmom Posts: 3, Reputation: 1
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    #3

    Aug 22, 2009, 08:10 AM
    Quote Originally Posted by tickle View Post
    Who was the beneficiary of the will, the house ?

    tick
    Sorry I didn't include that... There was NO will, and the property and home are in Georgia. There are a total of 6 brothers and sisters, only 2 are living. Is there any way to do this without probating the estate?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 22, 2009, 09:31 AM
    Quote Originally Posted by cstressedmom View Post
    sorry I didn't include that..... There was NO will, and the property and home are in Georgia. There are a total of 6 brothers and sisters, only 2 are living. Is there any way to do this without probating the estate??
    Do what? Put an end to the phone calls? The mortgage company is not prohibited, by the terms of the federal Consumer Credit Agency Practices Act (or something like that), from calling her because they own the debt. Otherwise she would be able to make them stop.

    The mortgage is probably public record. In Georgia I think that it may be recorded with the clerk of court. Or she could demand to see the papers next time they call her.

    Is there any equity in the home? If not, I see no reason to probate the estate. And there is definitely no good reason to get her on the mortgage; that would simply be assuming a debt she currently does not owe. I would look into buying the house from the mortgage company for what it is now worth. If her credit is good, she should have a shot at it.
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