 fyrpenguin4
Joined: 14 Apr 2009
Posts: 1
1.30 Dollars($)
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 Posted: Tue Apr 14, 2009 12:51 pm Post subject: Dad passed away in October, already delinquent on mortgage. |
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| The house is going to foreclosure. The bank won't work with Mom because she is not on the note; however, she was served with papers stating her in the foreclosure suit. The attorney we retained stinks and has not done much to help us. In the state of Florida, doesn't Mom have a right to try and short sale the house as part of survivorship? We have been in limbo since October of last year. |
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jenkin7
Joined: 04 Jun 2007
Posts: 3429
Location: Hawaii
514.13 Dollars($)
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| Posted: Tue Apr 14, 2009 10:56 pm Post subject: |
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Hi fyrpenguin,
Through the right of survivorship, your mom can have a claim to the title to the property. But it cannot add her to the loan. In order to be on the loan she needs to refinance it in her name and as she is not on the loan the lender is not willing to work with her. However, I believe if she has a right to the property through survivorship rights, the lender has to pay her for her share of interest, if they are to foreclose and sell the house. I think you should consult an experienced attorney as he/she would be the best person to guide in this regard. |
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