I am 30 percent owner on mortgage that is up for forcloser

My mom is the other 70 percent owner
on the mortgage that is on forcloser.
She lives abroad and doesn’t come up
with her share on the mortgage. What
can I do to buy out her share on the
account?

Asked on March 25, 2017 under Real Estate Law, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Ok this question is very complicated because it involves issues like capacity of your Mother to execute any documents that would even allow you to make decisions on her assets.  If you had her execute anything at this juncture then it could be set aside.  You need to seek legal help on how to proceed.  First, you need to speak with the bank about paying off the entire mortgage. I highly doubt that they would refuse that.  Then you need to speak with someone about having a guardian appointed for your Mother (person and assets).  You would have a claim against her estate for the funds you used to pay off her assets.  Good luck.


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