Mother dies, daughter gets house but isnt paying mortgage. Can grandaughter take mother to court?

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Mother dies, daughter gets house but isnt paying mortgage. Can grandaughter take mother to court?

My grandma died last year and she did not have a will so my mom got her house. My mom is not working and does not have any income coming in. She is now 4 months behind on the mortgage and isn’t making any payments. I do not want to lose my family home. Can I take my mom to court to try and get the house? I have a stable income and am able to make the mortgage. Is there anything I can do or am I out of luck?

Asked on April 18, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you have no right to take another person's property because they are not paying their obligations for it. A person's rights to their property are not ended by their neglect of it (except if and when the bank forecloses), and the fact that someone else could better take care of the property doesn't let them take it from the current owner. Your options are:
1) You can pay the mortgage for her--your mother will still own it, but the bank will not foreclose. The bank doesn't care who pays--they just want their money.
2) You can buy it from her, if she will sell to you.
3) If it is foreclosed upon, you can try to buy it at the foreclosure sale or from the bank.


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