Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My parents passed away and they had a mortgage. we didn't…

Customer Question
My parents passed away...

My parents passed away and they had a mortgage. we didn't notify the Mortgage company of their passing and tried to keep up the mortgage payments. The house is now 6 months behind and facing foreclosure. What options do we have to help save the property?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Virginia We received letters from the Attorneys on the Lenders behalf

Lawyer's Assistant: Has any paperwork been filed?

Yes, the property will go in foreclosure on 12/18

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that we have not communicated with the Mortgage company since my parents are deceased

Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
12/12/2017
Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,042
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Is there any equity in the house?

.

Has anyone filed a probate case to settle their estates?

.

Are you able to get caught up on the payments?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 8 months ago
I am unsure of whether or not there is equity because we have not communicated with the mortgage company because we did not want to falsify information to let them know that we were not the lenders on the mortgage.
We did not file a probate case to settle their estate and we are unable to make the full payment of what’s behind but do you have some funds
Lawyer: Barrister, Attorney replied 8 months ago

Ok, there is nothing illegal about you continuing to pay the mortgage. In fact, under federal law, you have the right to continue on with the current mortgage if you wish to if you inherit the house from a parent.

.

However, the lender won't talk to you about any options if you aren't actually on the loan or aren't the legal rep for the estate.

.

So in order to try and keep the house, someone would have to file a probate case to settle parents' estates and be appointed as the rep. Then the bank will talk to them and can explore any options for a refi, or loan modification.

.

But if there is no equity in the house, it wouldn't make sense to try and keep it since you as an heir aren't liable for the mortgage.

.

.

thanks

Barrister

Ask Your Own Legal Question
Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,042
43,042 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I live in Oregon. My husband just passed away but on the
I live in Oregon. My husband just passed away but my name is ***** ***** the mortgage. Can I be kicked out of my home or does the mortgage pass on to me? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In the situation where a property has loans outstanding
Hello, In the situation where a property has loans outstanding (unbeknownst to the buyer) and was bought at an HOA lien auction and a company (presumably a servicing company acting on behalf of the le… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,040 satisfied customers
My husband passed away last month and on the deed to our
My husband passed away last month and my name is ***** ***** the deed to our home. The bank is trying to make me sign papers making me responsible for a house that is not worth the debt my husband mad… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My mothers house is in foreclosure. She lost her job 2 years
My mother's house is in foreclosure. She lost her job 2 years ago and had been making payments from her savings account until that ran out. She has recently gotten a job in February of this year and h… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I have rental property worth approximately $140,000. I owe
I have rental property worth approximately $140,000. I owe $197,000. The property is currently rented for $700 less than the monthly mortgage payment. I can no longer cover the rest of the $1620 mortg… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
My sister and I own a home together. Last spring, she became
My sister and I own a home together. Last spring, she became depressed to the point of not leaving our home, answering phone calls or the door. She did collect the mail-- in garbage bags--not opening … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
my father passed away suddenly on july 2nd (63 yrs old) leaving
my father passed away suddenly on july 2nd (63 yrs old) leaving my mother with no life insurance and only a very small monthly pension. I was not aware of my parents financial problems until after he … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
We just received a pre foreclosure letter from our lender.
We just received a pre foreclosure letter from our lender. They want $4800.00 within 45 days. We can only pay $1200.00 now and $1000.00 in (4) weeks. But in Sepyember we can pay the balance ( 15) $800… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
We are living in a house (Michigan) that was owned by my wifes
We are living in a house (Michigan) that was owned by my wife's mother who passed away 3 years ago. She was responsible for the mortgage. We have been making payments on the Citi Mortgage property eve… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a home that I purchased as primary residence and I am
I have a home that I purchased as primary residence and I am up to date on payments. However, the bank now requires me to pay additional monthly payments to have property taxes escrows. The payment ha… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I have a home in New Jersey, but currently live in California.
I have a home in New Jersey, but currently live in California. My question is I moved here 2 1/2 years ago for a job opportunity and I continued to pay for my home in NJ. A year ago I lost my job and … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
I have a rental property in Virginia, I owe 327,000 on the
I have a rental property in Virginia, I owe 327,000 on the property. The same homes are now selling for 199,000. I am in a 5 year arm mtg. set to expire in 10/10. I can't refinance because I am now up… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My mortgage co was being taken over by another company beginning
My mortgage co was being taken over by another company beginning last Nov.08. without my knowledge the new co. paid my property taxes of $1500. (my taxes are almost $4,500). My property taxes are supp… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Short of a long story A son had his parents sign their house
Short of a long story: A son had his parents sign their house over to him 10 years ago so that he can take a loan out to pay some property taxes that were behind. House was paid and clear. He re-finan… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
My husband passed away three weeks ago, quite unexpectedly,
My husband passed away three weeks ago, quite unexpectedly, and left myself, our daughter and her two sons,( ages 3 and 6) the oldest with a disability, with a house payment we can't afford. At this t… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I am trying to sell our home here in Florida. Can we deed ...
I am trying to sell our home here in Florida. Can we deed in lieu of foreclosure? If so what is the process and implications?… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers
i am in the state of hawaii and i was served by the ...
i am in the state of hawaii and i was served by the sherriffs office with notice of mortgagee's intention to foreclose under power sale, how do i stop this and try to work out payment to the mortgage … read more
P-Leagle
P-Leagle
Tax Accountant
Bachelor's Degree
576 satisfied customers
if disclosure notice of foreclosure has been served....how
if notice of foreclosure has been served....how can I stop the foreclosure can I stop foreclosure on a condo?… read more
truthfinder
truthfinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 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