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My father died and his home was titled as joint tenants with…

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My father died and his...
My father died and his home was titled as joint tenants with his wife, she was added several years after purchase and not named on the mortgage loans, only his name. She stopped paying the mortgage and did not cooperate at all with the lenders seeking a death certificate. The property was foreclosed, 3 1/2 years after his death and when she stopped paying the mortgages. The property sold for more than the judgement amount (+/-$100k more) that the lender got against my fathers name, although after his death, which they were certainly aware of.Where does the overage of funds go? I got several calls from companies 4 months ago regarding this but with vague details and stating that any monies over the amount owed could be claimed and disbursed to a child of my deceased father, etc.This was California FYI.Thanks.
Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/23/2017
Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 62,954
Experience: Experienced lawyer
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The surviving spouse would inherit the property and likewise would be paid after secured creditors.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 months ago
That is what I would assume, however she has refused to cooperate or communicate with the lenders and anyone else. The death certificate was never filed on the title to the property and/or she never took steps to actually take title/ownership/ effect her name only.
Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
She still has right to the funds which can be held in escrow until she comes to her senses.
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Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 months ago
Okay, so that’s it? If she never does? Or after some time period? There was no will, no probate, no assets or even personal property disbursed.
Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
Held in escrow. It could be indefinite but likely you will hear from her.
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Customer reply replied 7 months ago
Can you elaborate as to why? I’d like to further understand. Is this because she was on title with my father? I’m just concerned that unfortunately she may not step up and it would be a waste. I don’t care to receive the funds but I have younger siblings in college (not her kids) that could really benefit from some help with funds. Thank you.
Customer reply replied 7 months ago
Also to reiterate, the sale was a foreclosure since she refused to cooperate whatsoever, could have been a conventional sale transaction
Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
Since name on title, equity after foreclosure sale passes to her.
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Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
Over time if she never claims it could be deemed abandoned.
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Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Real Estate Lawyer: Infolawyer, Lawyer replied 7 months ago
Awaiting your reply, thank you!
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