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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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This is a continuation of my original issue/question handled

Customer Question

This is a continuation of my original issue/question handled by Loren. I would like to continue our discussion with new information.All original aspects of the situation remain as described previously. The house which has been facing foreclosure since my brother's unemployment... has not been offered a modification toward bringing the mortgage current... Three months of on-time payments will return the property to "good and regular" standing... at which time spouse has stated the intention to sell the property. The new information is that my brother's leverage (through me as the POA) is that at the end of the trial period, the bank requires the mortgage holder to sign off on the new agreement to make the modification final... Without the mortgagee's signature, the deal goes away and the house is immediately processed for foreclosure sale.
My thought/inquiry is to offer to trade that signature for a return to title on the house... but to request the title transfer immediately so that there is time to accomplish everything before the deadline for the signature. (August 01)Also discovered that while spouse initially filed for divorce in 2008, she failed to serve my brother and failed to appear to show proof of serving... and the divorce case was dismissed. So the question remains.... if spouse sold the house... with no divorce in process... the equity check would be written to her as the sole title holder... and arguing for my brother's "share" will be very difficult to turn into actual payment.I have discovered in conversation with my dad and correspondence with my brother.... verified by spouse's declaration in the 2008 divorce petition... my father provided my brother with money for the original down payment on the house in 1995... and that is noted "Downpayment..... owed to respondent's father"....Finally, my actual question.... It has been suggested to me that having my father place a lien on the house for the amount that he expects to be repaid.... would "cloud" the title and slow down or stall the effort to sell the house... Is that an effective strategy for trying to ensure my father's interest in the property? Or are there other considerations or concerns with the overall situation that you can advise me on?Keep in mind that my primary goal is still to insist that spouse allow myself or my father to be on the title in order to approve the completion of the new mortgage agreement...THanks for your patience with my long-winded "setup"....
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Thank you for requesting me for following up.

This may be too complex to deal with in this "back and forth" online discussion. I will make an offer for a premium service (phone call).

Customer: replied 1 year ago.
$60 for a one time discussion which may need to be supplemented later gets a little expensive.... I did not realize that the entirety of our conversation remained public... I was under the impression that once we went into details that it was NOT available for public access... so that is not true?
Expert:  Loren replied 1 year ago.

This is not private.

Customer: replied 1 year ago.
If I did one of the "premium" monthly subscriptions... I have "unlimited" access for less than the $60 for one phone call... would that work? Allowing me further conversations as the issues evolve?
Customer: replied 1 year ago.
But you are saying that everything done under a monthly subscription is also public?
Expert:  Loren replied 1 year ago.

I am not an employee of JA. I do not know how their subscriptions work.

This is a public forum and the questions can be seen by others.

Expert:  Loren replied 1 year ago.

You can contact customer for information on the subscriptions.

Customer: replied 1 year ago.
OK... thank you for your offer... I will look at my options before deciding how to proceed.
Expert:  Loren replied 1 year ago.

Ok. I will be here.

Customer: replied 1 year ago.
I have been charged $36 today? That doesn't seem equitable... if I am not proceeding on the public forum...?
Expert:  Loren replied 1 year ago.

Contact customer care and they will straighten out any concerns or refunds.

Customer: replied 1 year ago.
OK.... I have done that... THanks.
Expert:  Loren replied 1 year ago.

Good luck.