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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33190
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am disabled and have inherited the property my father and

Customer Question

I am disabled and have inherited the property my father and I live in and have fallen behind on my payments because my HOA is claiming that having a roomate is renting. My name is ***** ***** deed but my fathers name is ***** ***** the loan and we have a decent amount of equity so what do I do because many people have advised me of severl different things not sure what to beleive.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..What is the HOA doing that is causing you to fall behind on your payments? Not allowing you to get a roommate?.Does the HOA have a specific written restriction on renting out properties?.If so, does it specifically prohibit having a roommate in writing?..thanksBarrister
Customer: replied 5 months ago.
Yes my HOA has policies on renting but its a roomate and I'm disabled and cant live alone but I would rather be advised on how to avoid forclosure I sent them my Fathers death certificate but they said they didnt receive it now I'm wondering if the loan is in my name I know I couldnt qualify but I want to at least sell it to get the equity so Im not homeless
Expert:  Barrister replied 5 months ago.
Ok, if you inherited the property and it is in your name now, then you can simply sell it and then pay off the mortgage. The mortgage would still be in father's name as that doesn't transfer to a beneficiary's name..But if you never settled father's estate so the property is in your name now, then you will have to do so before you can legally sell it. Until his estate is settled, father's estate owns the house, not you. You may be set to inherit it, but it has to go through probate before that legally happens..As for the HOA, if they can't show you a written policy that states that having a roommate is prohibited, which is extremely unlikely, then you can have one. No rental policies are normally only to prohibit the owner from renting out the entire house, not having a roommate while they live there..So the only way to avoid foreclosure is to either sell the property or somehow pay up any delinquent amounts so as to cure any default on the mortgage loan.....thanksBarrister