If my late mother and I owned a house together as joint tenants with the right of survivorship, what can I do about a possible foreclosure?

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If my late mother and I owned a house together as joint tenants with the right of survivorship, what can I do about a possible foreclosure?

She died 9 years ago and I paid for her funeral and other expenses. She had no debt except for a home equity loan that we were both party to. I continued to pay the loan for the next 88 months. There was a final balloon payment at the end. Then 2 months before the maturity date, I was seriously injured in a fall at work. The bank would not refinance the last payment. It now has a petition in probate court to name their lawyer as executor of an estate for my mother. She never had an estate because she didn’t owe anything. I was always responsible for the home equity. The purpose of this estate is to foreclose on me. How can this be done?

Asked on June 10, 2015 under Estate Planning, Vermont

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss.  Is there any way that you can seek help about the modification of the home equity loan?  From an attorney?  You are correct that your Mother's estate has no interest in the house (or other assets) since it passed to you automatically, but her estate has debt and if the home equity is in default by both you and her estate, all parties have to be reporesetned in a foreclosure action.  Thus, an individual representing the estate must be appointed.  I would contest their appointment and go to court on the date that they list in the Citation (notice) to you.  Please trya and get help.  Good luck.


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