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    fosilfuel's Avatar
    fosilfuel Posts: 1, Reputation: 1
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    #1

    Aug 25, 2010, 08:46 AM
    I am on deed but not note? How do I stop foreclosure
    The bank refuses to discuss or give information about note. Are continuing to forclose, and I am attempting to stop it although, I am on the deed but not the note. How do I stop foreclosure?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 25, 2010, 08:48 AM
    Quote Originally Posted by fosilfuel View Post
    I am on the deed but not the note. How do I stop forclosure?
    Hello f:

    Make the back payments.

    excon
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    Aug 25, 2010, 08:53 AM

    First - please tell us how the property is titled. Are you joint tenants with rights of survivorship (the most common, especially for married couple), or tenants in common? And second, how did a mortgage come to be written on the property without you having signed on to it? Does the mortgage pre-date your name being added to the deed?
    mls1979's Avatar
    mls1979 Posts: 1, Reputation: 1
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    #4

    Aug 28, 2010, 07:36 AM
    I am in this exact situation: My father left my sisters and I a house when he passed away. We each have equal thirds ownership in the property. Neither of us was named the executor of the estate, who is the only person the mortgage company wants to talk to. I didn't think we needed her anymore, since the probate has been complete since 2008. I'm also worried that the people who are trying to help us are a scam, so I really want to get some clear information on what to do.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 28, 2010, 07:42 AM

    Hello m:

    Start with explaining EVERYTHING, including WHO these people are, what they're supposed to do, and how much have you paid them??

    The note should have come due upon your fathers demise. I don't know why it wasn't. Maybe YOU can tell us.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 28, 2010, 08:39 AM
    Quote Originally Posted by mls1979 View Post
    I am in this exact situation: My father left my sisters and I a house when he passed away. We each have equal thirds ownership in the property. Neither of us was named the executor of the estate, who is the only person the mortgage company wants to talk to. I didn't think we needed her anymore, since the probate has been complete since 2008. I'm also worried that the people who are trying to help us are a scam, so I really wanna get some clear information on what to do.

    I don't understand how the estate was closed ("probate has been complete since 2008") with this loose end.

    It is the RESPONSIBILITY of the Executor (or successor) to make sure all details are handled legally and properly.

    So tell that to the mortgage company - if the Executor doesn't want to discuss the matter go back to probate court and tell them that and let the Court intervene.

    But as Excon said, without more details it's hard to understand what you want to know.
    jghorn's Avatar
    jghorn Posts: 1, Reputation: 1
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    #7

    Aug 29, 2011, 04:51 PM
    How do they foreclosure on a home that you are on the deed, but on the loan?
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