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JudMarie · Feb 22, 2011, 03:20 PM

My mother died in 2006 and the house after probate etc was quik claim deeded over to me. There was a mortgage in mom's name, not mine, and since then they have been trying to manipulate a foreclosure. When they do this they refuse to talk to me as I am not on the loan documents. Now they have refused to take any payments and have started foreclosure. They now want me to fill out papers to transfer the mortgage to my name. Oh and I live in Florida.
What if any rights do I have? What advice can anyone give? I am at a complete loss.

AK lawyer · Feb 22, 2011, 03:31 PM

Originally Posted by JudMarie

...
What if any rights do I have?? What advice can anyone give?? I am at a complete loss.

Without an opportunity to refer to the pertinent documents, we are too.

First, if your mother's estate was probated, it seems odd that a quit claim deed was done without somehow making arrangements with the holder of the mortgage.

Bottom line is this: you would be extremely foolish to approach this problem without consulting with a real estate attorney in Florida.

Fr_Chuck · Feb 22, 2011, 03:34 PM

The problem is that the loan needed to be paid off or refinanced before it closed in probate, you can not merely "quitclaim" a deed over that has a lien on it.

So it should have either stayed in probate where if appointed over the estate by the court, you would have had the authority to deal with them.

The QuitClaim could even cause the entire loan to become due at once.

But I guess the issue, you want to keep the house, you want to pay the house off, why not just put loan in your name then? Seems it would solve many things

JudMarie · Feb 22, 2011, 03:37 PM

They were notified of mom's passing and death certificates were given. They were also made aware of the my ownership on the home. They didn't ask for anything and they didn't do anything and that was in 2007.
They have my contact info and the mail come to "my" address but only deny knowledge when they are trying to forclose... which they try about once a year.
Only now they have stopped letting me make payments on the loan forcing it into foreclosure.

AK lawyer · Feb 22, 2011, 03:46 PM

Originally Posted by JudMarie

They were notified of mom's passing and death certificates were given. They were also made aware of the my ownership on the home. They didn't ask for anything and they didn't do anything and that was in 2007.
They have my contact info and the mail come to "my" address but only deny knowledge when they are trying to forclose...which they try about once a year.
Only now they have stopped letting me make payments on the loan forcing it into foreclosure.

The fact that they were notified of your mother's death didn't require them to do anything. The fact remains that whoever supposedly handled the probate failed to do his or her job properly.

JudMarie · Feb 22, 2011, 03:49 PM

OK... but how does that help me now?

AK lawyer · Feb 22, 2011, 03:59 PM

Originally Posted by JudMarie

OK...... but how does that help me now??

It doesn't.:cool:

For help regarding what you can do now, read Fr_Chuck's post.

JudMarie · Feb 22, 2011, 04:02 PM

Really putting the loan in my name at this point is not the best sounding idea... since it is in a foreclosure... so they can slam my credit? They want the house. They have since mom has died and have tried every year.

AK lawyer · Feb 22, 2011, 04:18 PM

Originally Posted by JudMarie

Really putting the loan in my name at this point is not the best sounding idea....since it is in a foreclosure....so they can slam my credit?? They want the house. They have since mom has died and have tried every year.

What do you want?

To stop the foreclosure, make them once more accept your payments, and continue living in the home? Make an agreement with them.
To avoid liability for this mortgage? Do nothing and let them foreclose.

No, they don't want the house. Banks are not in the business of owning foreclosed property, they are in the business of financing other peoples' owning of property.

JudMarie · Feb 22, 2011, 04:24 PM

In this case they want the house. They have tried every year to put forced policies on it etc to get me in this same position. Difference is up to now I have been able to undo their attempts, even though they try to make it so they will only deal with mom. Luckily with the other tries they had no choice but to deal with the insurance companies and such directly.
This time they have now refused any regular payments forcing it into foreclosure and they have once again started the game where they will only talk to mom.
This bank also has a history for shady dealings.

JudMarie · Feb 22, 2011, 04:27 PM

I should also clarify they have on record that I am handling all dealing with this mortgage. That was done by the executor back in 2006/7.
So they do deal with me intermittently, when it is to their benefit. This is not in their benefit as they really want a house that is worth several hundred thousand dollars with a 50 thousand dollar mortgage on it. For them it is a win-win and nothing but profit

ScottGem · Feb 22, 2011, 04:30 PM

Can you get a loan from another lender in your own name to pay off the balance? Did you continue making payments on the mortgage after the property was transferred to your name?

And I agree probate was screwed up. Who handled it?

JudMarie · Feb 22, 2011, 04:32 PM

Oh and I did make an agreement with them back in Dec 2010 and they went back on it and that is when they decided to only deal with mom again. As I said they do/did deal with me intermittently. But now they don't have to honor that agreement either and they say they never made any such agreement... even though they took a money from me at that time.

JudMarie · Feb 22, 2011, 04:34 PM

The probate was all done by an attorney.
Right now I can not get another loan.

JudMarie · Feb 22, 2011, 04:35 PM

Sorry, yes I have been making the payments since the house was transferred into my name.

ScottGem · Feb 22, 2011, 04:36 PM

Contact that attorney. Tell him to fix the mess he made or you will sue him for malpractice.

What is the equity on the home?

Fr_Chuck · Feb 22, 2011, 04:42 PM

So are you current on all payments, how or what are their grounds for wanting to foreclose if you are current with all payments

JudMarie · Feb 22, 2011, 05:12 PM

The equity is at least a couple hundred thousand.
Not sure what you mean by fix the mess.
Sorry I don't really understand a lot of this

JudMarie · Feb 22, 2011, 05:18 PM

The payments are all current.
There was an issue with the taxes... which were not included in the mortgage and I was trying to have them disputed with the county. The mortgage company stepped in, where they shouldn't have because they didn't know what was going on and paid them which put my escrow out of wack.
When I went back to the county, they told me they were paid.
So that got all screwed up too.
I called the mortgage company and there was no way to undo or they wouldn't undo what they did so I needed to make payments to off set the escrow and get it back to a zero balance... while continuing to pay the mortgage as normal.
They agreed to this and then renigged on that agreement after the first payment and here we are.

ScottGem · Feb 22, 2011, 05:24 PM

First, if you have any follow-up questions or info please use the Answer options not Comments.

Before the probate was finalized the mortgage should have been resolved. The deed should not have been transferred in your name without the loan being refinanced or assigned to you. For the attorney to not have handled this properly, smacks of malpractice. So he owes you In my opinion.

If the deed was transferred to you and the lender was aware of it they may have forfeited a claim on the property. But you need an attorney to straighten out this mess.