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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My Name is ***** *****, My issue is my mother passed away

Customer Question

Hi My Name is ***** *****, My issue is my mother passed away last year in March and her home is now up for foreclosure. I was looking for a way to stop it. I noticed there were changes made to the trustee several months after her death and they stated that my mother gave that permission but would that authority not have gone away with her passing. the deed was transferred to me and my siblings but there is still a mortgage
JA: Thanks. Can you give me any more details about your issue?
Customer: well the Bank gave us conflicting information in the beginning and that is why no one was living in the home. the original sale date was set for Jan19 it was postponed for some reason not sure if they set another one but the mortgage is behind since April 2015
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Submitted: 1 year ago.
Category: Family Law
Expert:  Brent Blanchard replied 1 year ago.

Thank you for your question. Sorry to hear about the loss last year.

Lenders almost always retain the ability to substitute trustee on a mortgage or deed of trust –This is according to the written agreement that was signed when the loan was first made. That permission relates to the "security interest" the lender has in the land. It remains valid after the person passed away. In fact, the lender still retains the ability to foreclose on the land for non-payment even if the borrower has declared bankruptcy and is no longer personally responsible for the debt. The land remains as security, and can be taken to satisfy the debt.

Thank you for your interest. There's anything else you need to know, please don't hesitate to ask.