How do I stop foreclosure on a property that I am legal heir to but the bank does not recognize me as therightful owner?

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How do I stop foreclosure on a property that I am legal heir to but the bank does not recognize me as therightful owner?

My mother was the original borrower but she died last year. I had been paying the mortgage until I fell behind and needed some assistance. I have documentation from probate court in another state acknowledging me as my mother’s legal heir to her estate. What do I do?

Asked on August 12, 2011 New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to ensure you have the death certificate and documentation from probate court (a court order) stating you are the heir to her estate. If you have not yet changed the title, but had simply been paying while it was still in her name, keep in mind the company (lender or borrower) may not actually know you are the legal heir to the home. You do need to realize, however, that you must change the title to the home, which would require you to complete financing in your name. The lender or servicer still has a legal right to foreclose on the home because while under an inheritance you may entitled to the house, you would usually take subject to the loan. This means you would not be required pursuant to the testamentary documents to take over the loan but the home is still security under the note for the loan. You should talk to the lender or servicer and at the same time consider filing a consumer complaint with the entity who would be responsible for regulating this lender or servicer.


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