Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

How can I stop foreclosure on my sisters' house? Her house…

Customer Question
How can I stop...

How can I stop foreclosure on my sisters' house? Her house loan is serviced by seterus. I can not pay off loan today and foreclosure scheduled

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

House is in Lawrenceville. My sister died 08/22/2107. I came to lawrenceville to empty her house, etc. and tried to keep load paid but

Lawyer's Assistant: Has any paperwork been filed?

Explain

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I will inherit the house if that matters. Have not moved to my name yet

Submitted: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
1/1/2018
Real Estate Lawyer: Lori, Lawyer replied 6 months ago
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,104
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. How was the property titled? Was the property only in your sister's name or was it in her name and yours? If it was only in her name, you will need to hire a probate attorney to file a probate action so the house can be transferred to your sister's heirs (you). Once the probate action is filed, the personal representative of her estate (probably will be you) can enter the foreclosure action and defend it (seek a loan extension, modification of loan, stay of foreclosure, etc.) A Notice of Death should be filed in the foreclosure action so that the court knows that your sister died.

Hope that helps. Please remember to accept the response and post a positive rating.

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
I have filed her will and also filed for probate in County courthouse for Lawrenceville.
Customer reply replied 6 months ago
If I make some small payment to loan company Seterus would that stop foreclosure??
Real Estate Lawyer: Lori, Lawyer replied 6 months ago

Great. Has a personal representative been appointed? If so, then you need to file papers in the foreclosure action.

No, a small payment will not stop the foreclosure. The default under the loan is probably non-payment and your sister's death (generally a default in the obligor dies). You will need to seek a modification or assumption of the loan (if the loan papers allow).

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Lori, Lawyer replied 6 months ago

BTW -Generally the foreclosure action is stayed until the personal representative is substituted in the foreclosure action as the proper defendant.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lori Your Own Question
Lori
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,104
2,104 Satisfied Customers
Experience: Real Estate Attorney with over 25 years experience

Lori is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
If I live in a house with my child for which the mortgage is
If I live in a house with my child for which the mortgage is in my deceased father's name, can I sign a mortgage modification agreement sent in his name without assuming the loan? Also, how can I find… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,255 satisfied customers
I had to file for bankruptcy 7 years ago, i am a condo
i had to file for bankruptcy 7 years ago , i am a condo ownwer however i never reafirmed on my condo. I did stay in it for the last 7 years and continue to pay the mortgage . everything was fine until… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,423 satisfied customers
We have a foreclosure filed on our house. Our former loan
We have a foreclosure filed on our house. Our former loan servicer Ocwen, totally mishandled our account then sold it to a new servicer Seterus. On the summons for the foreclosure the Plaintiff is lis… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
I have a question concerning an AZ foreclosure sale. I
Hi I have a question concerning an AZ foreclosure sale. I had pretty much resigned myself to the fact that I was going to loose my house I've been in for 21 years.I had excellent credit, and when my b… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
We had a HELOC Loan on a home we did own. It had been ours
We had a HELOC Loan on a home we did own. It had been ours due to the death of my husband's mother. We were getting the home cleaned out, 4 floors of really beautiful antiques, etc. In the meantime we… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Loan co-owner of seven years has not paid on property, filed
Loan co-owner of seven years has not paid on property, filed for bankruptcy, and tried to give back the property to bank. He is on the note, and I am on all paperwork except the note. As a disgruntled… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,255 satisfied customers
Bought a house in 2007, Countrywide was the lender. When Bank
Bought a house in 2007, Countrywide was the lender. When Bank of America bought Countrywide, BOA became my servicer. Fannie Mae the investor/owner. Lost my job and haven't made any mortgage payments s… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,255 satisfied customers
I have tried tried to short sell my house in California with
I have tried tried to short sell my house in California with two separate buyers at least ten times. All have been denied due to the mortgage insurance company as stated by Seterus. I have tried deed … read more
Richard
Richard
Owner
Doctoral Degree
4,518 satisfied customers
My sister and I are inheriting 2 houses. One is free of debt
My sister and I are inheriting 2 houses. One is free of debt but the other one is upside down, My mother owed 250,000. the payments are 2700. and the current value is about 230,000. we could not rent … read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
we have a house with bank of american and we moved out of town
we have a house with bank of american and we moved out of town we tried to work with bank of america we were current with our home mortgage when we started they wanted us to do a loan modification, we… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I moved out of my house in January 2009 and my divorce was
I moved out of my house in January 2009 and my divorce was finalized in June of that year. In the divorce, my ex-wife got the house and I had to file a quitclaim deed. As things played out, my ex stop… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I live in Colorado on property that my family has occupied since 1947. My grandfather pur
I live in Colorado on property that my family has occupied since 1947. My grandfather purchased an acre plot and built a home on it. It had been long paid off. When his parents died, he had to pay off… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Other than Chapter 13, what can stop a foreclosure I am 18
Other than Chapter 13, what can stop a foreclosure? I am 18 mths behind on my mortgage and I have been denied a loan modification. I live in VA and my sale date is scheduled for Feb 22… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
I am 59 years old and work for the church and dont make a
I am 59 years old and work for the church and don't make a lot of money. I bought a condo in 2001 when prices were up and then later a loan officer talked me into the three arm loan (think that is wha… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
I moved to another state for a job and tried to do a short
I moved to another state for a job and tried to do a short sale, bank first advised me I would have to be late on payments on my house to do that so I stopped paying. Realistically I could not comntin… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
In Aug. of 2008 we received a Notice of default and election
In Aug. of 2008 we received a Notice of default and election to sell. We repeatedly tried to contact the lender, every time we called we were told that the only person approved to talk to us was out. … read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
My mom died 8/08 leaving her home (paid for, no mortgage) to
My mom died 8/08 leaving her home (paid for, no mortgage) to my sister. My sister is facing probable foreclosure on her home as she is unable to pay her mortgage payments. How does thid affect the hom… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
my home was scheduled for forclosure on 12/31/08 i quit cliamed
my home was scheduled for forclosure on 12/31/08 i quit cliamed the home to my sister on 12/8/08 and on 12/23/08 my sister then filed bk well the trust deed sale now has been postponed for 30 days now… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,423 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x