How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9366
Experience:  Since 1983
Type Your Real Estate Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

My 85 year old mother owns and lives in a house in Arizona.

Customer Question

Hi. My 85 year old mother owns and lives in a house in Arizona. It's appraisal came in at $235,000 last year. She has two liens against the property. The primary held by Wells Fargo for $70,000 and the second lien by her son for $70,000.
She would like to sell the home, pay off both mortgages then use the left over proceeds to live out her last days in an apartment.
The problem is that her son refuses to let her sell the house since he just wants her to hurry and die thus allowing him to take over the residence for himself.
Is there anything my elderly mother can do to to sell her home without having her son able to block the sale which he is threatening to do? She only lives on social security and cannot fight him either financially or emotionally.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

I'm sorry to hear this.

How sharper than a serpent's tooth it is to have a thankless child.

She does not need permission from any mortgage holder to sell the property.

If the son is not on the deed, she can sell it whether or not it makes him happy.

I hope this information is helpful.

Related Real Estate Law Questions