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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My brother had a reverse mortgage on s home which was

Customer Question

My brother had a reverse mortgage on his home which was foreclosed on a month ago. While this was happening, his family discovered by accident that is wife had divorced him without his knowledge, not realizing what she had gotten him to sign. It was finalized at the beginning of this year but she lived in the house with my brother letting him think they were still married. My brother left the home at her persistence that they needed to get out asap and that he should go to live with another brother. As it turns out, she did not leave even though she claimed she wanted to separate and find her own dwelling. This house was my brother sole asset before she married him but she has been taking control behind my brother's back. Will any further notice of finalization be sent to my brother or will it go to the phone wife?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of your brother's situation.

Unfortunately this is a difficult matter as your brother was already in foreclosure at the time that his spouse (or former spouse) did this. What this means is that despite what she has done it is unlikely that it would affect the ultimate foreclosure.

The personal property split going on in the family law court may however be affected.

Unfortunately if your brother is mentally incapacitated (or impaired) he really needs a lawyer to help him here (you cannot represent him, and if he is unable to competently represent himself, he needs someone else to do so for him). While I do agree with legal aid's advice of staying away from the ex (nothing good comes from confrontations), it does make sense to notify the lender and send a formal request for notice to be sent to an additional address regarding the foreclosure.

However, to do anything beyond receiving paperwork, he really is going to need his own attorney (prior to hiring one though, do talk to them about what can be expected (a cost/benefit analysis) - it is not worth spending a bunch of money to pursue a small amount of cash or a half interest in a bunch of used furniture, but it is probably worth at least sitting down with a civil attorney and seeing what exactly your brother's legal position is.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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