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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9083
Experience:  Since 1983
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My 85 year old mother owns and lives in a house in Arizona.

Customer Question

Hi. My 85 year old mother owns and lives in a house in Arizona. It's appraisal came in at $235,000 last year. She has two liens against the property. The primary held by Wells Fargo for $70,000 and the second lien by her son for $70,000.
She would like to sell the home, pay off both mortgages then use the left over proceeds to live out her last days in an apartment.
The problem is that her son refuses to let her sell the house since he just wants her to hurry and die thus allowing him to take over the residence for himself.
Is there anything my elderly mother can do to to sell her home without having her son able to block the sale which he is threatening to do? She only lives on social security and cannot fight him either financially or emotionally.
Thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

I'm sorry to hear this.

How sharper than a serpent's tooth it is to have a thankless child.

She does not need permission from any mortgage holder to sell the property.

If the son is not on the deed, she can sell it whether or not it makes him happy.

I hope this information is helpful.

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