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?

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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