Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL…

Customer Question
PROBATE -REAL ESTATE CURE TO...
PROBATE -REAL ESTATE CURE TO RESPOND TO...
PROBATE -REAL ESTATE CURE TO RESPOND TO ORDER TO SHOW CAUSE
ISSUE: Show Cause Hearing Action Plan Needed given circumstances noted below.REQUESTS
1. Should I enjoin the foreclosure with the Probate Case, if so...do I use an ex parte to petition the court?
2. Can I refile the original lawsuit forfraudulent lending practices with the Probate Case or make Probate attorney aware of my discovery of these fraudulent findings?
3. What curing (modifications) options do I have available with my mother's personal home refinanced with a fraudulent predatory loan.NOTICE OF HEARING GIVEN TO OCWEN, Loan Servicing LLC
I was told the that the Order to Show Cause to the court merely wishes to know what plans the executrix has for closing the estate.BACKGROUND
I've been in probate since 2012. The home is in foreclosure and a cause for fraudulent predatory lending and abuse of a senior with an adjustable rate jumbo loan which escalated to a monthly payment she could no longer afford. The loan number and amount does not appear in the prospectus for the current Trust named as beneficiary. Ocwen is the loan servicer and does not know the owner of the mortgage note.PROPERTY STATS
The property requires $200K in repairs
The current appraisal is +$150K below market value (comps are $680K to $720K in good condition)
The demand of payment is +$820 (orig loan amount $632K ($617K at time of default))
Condition of resident makes the property fully unleasable
30 March 2017 11:02
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 days by:
4/5/2017
Estate Lawyer: Irwin Law, Attorney replied 1 year ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,569
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Verified

Who is the plaintiff and the defendant in the foreclosure suit? What is the status of the claim for predatory lending? What is your relationship to the deceased owner and the estate proceeding?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
RELATIONSHIP:
Administrator of the Estate and Daughter, now remaining heir (not yet ordered by the state but released as such by +80yr old remaining siblings)CASE NO: CV11-9624-GW (JEMx)PLAINTIFF: Rosentene Bennett PurnellvsDEFENDANT: American Home Mortgage Corp. D/B/A American Brokers Conduit; American Home Mortgage Servicing, Inc; Deutsche Bank National Trust Company, As Indentured Trustee for American Home Mortgage Investment Trust 2008-1**; and 1-10CASE STATUS: Attorney supported my decision for postponing case (closing) while I focus on estate related issues. Attorney also indicated that by the time I reactivate the case, the Homeowner's Bill of Rights would be in place giving the case a more solid foundation to act on.**In 2017 I asked OCWEN who owned the note and the response on one occasion (confirmed by Deutsche saying they were only the "TRUSTEE" for the owner). Ocwen's response was that they were the servicer of the loan and Deutsche Bank was "just" the Trustee.
OCWEN told me the "Owner" of the loan/note was DEUSTCHE BANK NATIONAL TRUST COMPANY AS INDENTURED TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST-2007-1Please notice the difference in the Trust dates of 2007 (verbally stated by OCWEN RMA in year 2017) vs 2008 (noted in court case in year 2011)Thanks in advandce for your assistance and considerate time to untangle this web!
Customer reply replied 1 year ago
The April 12, 2017 Trustee Sale Date has been stopped with no new date of postponement. I requested the stop based on non-receipt of all of the QWR documents and the 4/13/2017 Show Cause Hearing.Again, thank you!
Estate Lawyer: Irwin Law, Attorney replied 1 year ago

I am not sure where this goes from here, so I will opt out at this point.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
When a consultant "OPT" out....what is the client to do to ensure completion of requests?
Estate Lawyer: Irwin Law, Attorney replied 1 year ago

I have reopened your question to others who may know more about handling the predatory lending aspect in conjunction with an estate proceeding.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Thank you
Estate Lawyer: Irwin Law, Attorney replied 1 year ago

You might try to simplify your background info and ask specific questions about it. I have trouble understanding what has happened in court proceedings up until now. Are there three separate proceedings: 1) foreclosure; 2) probate estate; 3) suit for predatory lending? It's pretty difficult to discuss all that in this format. Telephone conference is much better (cost $59.00) and I would be happy to offer that.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
I understand.During the 3rd yr of Probate proceedings, a Trustee Sale Notice was received, which caused more research to discover a prior predatory lending lawsuit was in place.The lawsuit was put on hold. The QWR was issued to address the Foreclosure.
Estate Lawyer: Irwin Law, Attorney replied 1 year ago

In re-reading your question, I conclude that you are simply trying to obtain second opinions on some very complex litigation, at the least cost or no cost at all. I have to decline further participation.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Sir, thank you for your participation thus far.I am actually looking for direction from someone in the arena so that I properly approach a litigant without being unorganized.Your recent assessment may seem to be a misunderstanding. Thank you for getting me this far. Writing it out allows clearer thought process and your participation this far has been supported.God Bless you and your expertise with others.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3,170
3,170 Satisfied Customers
Experience: Wills, Trusts, Probate & other Estate Matters

Thomas McJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
PROBATE REAL ESTATE OPTIONS TO SHOW CAUSE FOR DISTRIBUTION
PROBATE REAL ESTATE OPTIONS TO SHOW CAUSE FOR DISTRIBUTIONREQUEST 1. What are the options for managing the acquisition of heir property unencumbered while foreclosure procedures are in place by OCWEN,… read more
Irwin Law
Irwin Law
Attorney
7,569 satisfied customers
REQUESTS 1. What are my options to stop a Trustee Sale when
REQUESTS 1. What are my options to stop a Trustee Sale when I do not know if the loan is valid? 2. What immediate injunction should be filed to stop a sale of property that has not been released in Pr… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
My mom died six years ago and my sister was the executor of
My mom died six years ago and my sister was the executor of her will. She wrote a will two days before she died on a piece of scratch paper with my sister. I was not present. I never asked her for a c… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
My ex-husband passed away. My name is still on the mortgage
My ex-husband passed away. My name is ***** ***** the mortgage and deed of house I gave him in divorce. I have a Deed of trust to secure assumption. His widow lives in the house under Homestead protec… read more
RONB-ESQ
RONB-ESQ
Juris Doctorate
2 satisfied customers
An owner of a Florida Condo takes out a reverse mortgage.
An owner of a Florida Condo takes out a reverse mortgage. He collected the last part of the reverse mortgage in the amount of $200,000 months before he died. He stopped paying Association dues long be… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
1,223 satisfied customers
Is it possible to have my name added to the title of my deceased
Is it possible to have my name added to the title of my deceased mother's house while it's in probate? I am the sole heir; my two brothers have disclaimed and gifted their shares of the estate to me. … read more
LegalGems
LegalGems
Juris Doctorate
12,599 satisfied customers
Both my parents have passed, more recently, my mother. Estate
Both my parents have passed, more recently, my mother. Estate has been probated, and I am sole executor/trustee. There are 3 remaining siblings of 5. The two deceased have child/children who are heirs… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
The New Jersey estate owns a house and their are 4 heirs (siblings)
The New Jersey estate owns a house and their are 4 heirs (siblings) and the heirs wish to sell and distribute the proceeds. Do all of the heirs (individually) have to approve the sale or can a majorit… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
I have sold a piece of property and I am going to hold a mortgage.
I have sold a piece of property and I am going to hold a mortgage. How can I record this mortgage in probate court? My state is Alabama.… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
My sister-in-law was named executrix of my father-in-laws estate.
My sister-in-law was named executrix of my father-in-laws estate. The will states "I give, dvise and beaqueath all of my estate, whether real property, personal property, tangible or mixed, to my wife… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
Mother passed, left a trust, home wast not put in the trust,
Mother passed, left a trust, home wast not put in the trust, and the trust does not specify what to do with the home? Only states that all personal property must be split between 3 siblings one of whi… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
Doctoral Degree
38,452 satisfied customers
+a close family friend died un -expectantly 02/10. 2 months
+a close family friend died un -expectantly 02/10. 2 months prior to her passing, she took out a reverse mortgage on her home through bank of america. she has one grown daughter (50+) and 2 adult sons… read more
N Cal Attorney
N Cal Attorney
JD
6,798 satisfied customers
My father passed away on May 20, 2010. No original will was
My father passed away on May 20, 2010. No original will was found, nor am I aware of one being filed with the "courts" but I am not sure and do not know how to check. I have a will of his, a copy, fro… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
I have filed a petition to remove an executor in a California
I have filed a petition to remove an executor in a California Probate Court. I can prove violation of Probate Code(s): 8502 and 8804. I already have one case which deals with this subject Hammer Estat… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
The Executrix of my fathers estate is his girlfriend, or was.
The Executrix of my father's estate is his girlfriend, or was. She is also a 75 year old negligence attorney. The primary assets of the estate are a summer and full time home, both of which my father … read more
Irwin Law
Irwin Law
Attorney
7,569 satisfied customers
Father died n April 07 with a will. Per will, 50-50 split
Father died n April ‘07 with a will. Per will, 50-50 split between me & sole sister, Amy. Amy is executor & probated will n May '07. Estate is: 5 real estate properties w/value of ~ $400,000. Prior to… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
In Texas what is the regulation regarding a reverse mortgage
In Texas what is the regulation regarding a reverse mortgage loan when only one spouse is on the loan, the other is under the qualifiying age of 62, and the spouse dies? Is the non-borrowering spouse … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
mom died intestate. Im the only child, father died, she was
mom died intestate. Im the only child, father died, she was single when she passed. i hired a probate attorney who sent my file to the wrong court. mom is in a reverse mortgage and now i down to the l… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Managing Lawyer/Advocate
Doctoral Degree
3,286 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x