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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Former Adminstr of moms estate illegally put moms house in

Customer Question

Former Adminstr of moms estate illegally put moms house in his name, got loan using her house as collateral and spent the money on personal items. I, as new admin., sued him, got 130,000.00 judgement, he filed bankrupsy, got judgmnt dismissed. Probate closed. House is in MY name now. I am her son. But "loan" is still in former admin. name. I have been making the mortgage payments to avoid foreclosure. Now, yesterday, Wells Fargo Mortgage came out to the house to take pictures. I'm scared. What should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If the administrator committed fraud, you should have filed to object to the bankruptcy and seek to have your debt excluded from the bankruptcy as it was a debt incurred by fraud of the administrator which was not dischargeable in bankruptcy.At this point, I am afraid if you already sued and obtained a judgment and he had it extinguished in bankruptcy, you are going to have to negotiate with Wells Fargo to continue payments to avoid foreclosure or seek to get a new loan in your name, since Wells Fargo can declare default for the loan being in one name and property being in the other.I would suggest using a local real estate attorney or consumer protection attorney to negotiate with WF, because generally attorneys have the best success in negotiating the best deals to avoid the foreclosure. All WF wants is their money and many times they will agree to allow you to continue payments upon signing a release that allows them to retain the lien on the house.

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