My father passed away and my mom is not on the mortgage, what does she need to do to keep the house that is now in foreclosure?

The home they lived in was just placed in the newspaper for foreclosure auction this month. When she called the bank, she was told that she was not on the mortgage and they could not speak with her. They said she needed to get Power of Attorney or something legally authorize them to speak with her. She doesn’t want to lose her home but I am afraid it might make her responsible for the mortgage and any back payments if she gets legal authorization.

Asked on October 7, 2011 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the home that you mother lives in is subject to a foreclosure action and she wants to stop the proceeding although she is not on the loan secured by the mortgage, here are her options:

1. she needs to cure all delinquent payments on the home's mortgage to have the loan come current;

2. consult with a bankruptcy attorney to assess whether she is a bankruptcy candidate and if so, a bankruptcy filing could stay the foreclosure proceeding;

3. consult with a real estate attorney regarding how to stop the foreclosure where such options would be a motion for an injunction to stop the foreclosure in light of your father's passing;

4. look into the possibility of refinancing the loan that is subject to the foreclosure.

Good luck.


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