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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41061
Experience:  Texas Attorney for 30 years dealing in real estate
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My brother and I sold our deceased parents house to a

Customer Question

My brother and I sold our deceased parents house to a neighbor in 2011. The contract was a "standard" 7 year contract for $30,000.00 with monthly payments of approximately $379.00. The purchaser of the home is an elderly woman who was recently hospitalized with breast cancer. After treatment, she was deemed to be financially unable to pay the hospital bill. A "social worker" at the hospital presented her with the option of the hospital purchasing he home (property) to satisfy current and future cancer treatments. The social worker told her that a company would contact us(mortgagor) and pay off the mortgage. That was in January of this year and we have been unable to determine who is supposed to be contacting us. The woman is now 5 months behind on payments. We need advice on the course of action to either get the mortgage paid off or get the payments current, or foreclose on the property. Can you assist?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. You need to have lawyer send notice to the purchaser that she is in default here and begin judicial foreclosure.If you have a deed of trust with power of sale then the trustee can hold a non judicial sale.But you will need a lawyer either way to seek to foreclose and take back the property. Ignore all the other smoke screens here from the hospital they are in default and you can take it back.This would allow you to then resell it.The lawyer will send the demand letter and proceed to foreclose.Then if she still remains in the property you have to evict here.She may be stalling here if she is in poor health. I appreciate the chance to help you today.
Expert:  Ray replied 1 year ago.
Georgia real estate lawyer to foreclose here. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 1 year ago.
You likely have a deed of trust so you can proceed to have lawyer send demand letter and pursue a sale by trustee.. Thanks again and good luck with foreclosure.

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