Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My question is: my aunt was holding the mortgage on a house…

My question is: my...

My question is: my aunt was holding the mortgage on a house she previously owned for the current owners. She has passed away in 2016, The people who are buying the house are behind on the payments. What can I do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I live in new jersey and am not sure what steps I should or need to take

Lawyer's Assistant: Have you talked to a NJ lawyer about this?

No because I didnt think they would know the real estate laws of florida

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

Not at the moment

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
4/30/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,311
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Real Estate Law Question

My condolences for your loss.

Has an estate been opened in probate?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Thank you and yes her estate is in probate

Thank you for the additional information.

The note and mortgage are assets of the estate. If the borrower is in default then the representative of the estate can foreclose on the mortgage and take back the property.

The property would then be part of the estate to be distributed in accordance with her last will or in accordance with the rules on NJ intestate distribution.

If you need assistance finding local counsel to handle the foreclosure try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
what would the rules of NJ intestate distrubution have to do with her being a Florida resident
Customer reply replied 3 months ago
approximately what would this cost and how long would foreclosure take? The house in question is also in Florida

Sorry. Thought I saw a reference to NJ law in the question. If she was a resident of FL then, obviously FL law applies.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
what is the Florida law on this matter? Is this something that I as the representative of the estate can do myself or do I need to seek representation

Depending on the court schedule, it usually takes approximately 180-200 days to effectuate an uncontested foreclosure.

There is no set fee for a foreclosure. It is whatever you can negotiate with the attorney when you retain them.

Ask Your Own Real Estate Law Question

You will need an attorney to do this. You can not do it pro se in FL.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,311
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Thank you for your help. Have a nice evening.

You are very welcome. Thank you for using JA.

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 Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,311
39,311 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren 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

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 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

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My spouse and I signed a Lease-Purchase Agreement with a
My spouse and I signed a Lease-Purchase Agreement with a Real Estate Agency on June 10th 2016. We have 2 years from that date to get a loan through a bank or come up with a 20% down payment to get the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
I inherited a house and land my father owned that had a
I inherited a house and land my father owned that had a mortgage with Wells Fargo. The mortgage payoff 6 or 7 years ago was around 91,000. The payments were current at that time but the house was fall… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
In July 2016 my mother and I did a Quit claim deed for her
In July 2016 my mother and I did a Quit claim deed for her house on the deed it says its a life estate and she can live in the home until she passes away. Can she take me off the deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have a question my aunt pass away and left me the house. I
I have a question my aunt pass away and left me the house. I did not tell the mortgage company about the death because we were going through probate and plan to refinance. We still have not finish but… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I received notice that Bank of America was awarded judgment,
I received notice that Bank of America was awarded judgment for foreclosure, and my property is now scheduled for sheriff sale, but all my mortgage statements are from penny mac for the last two years… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have been renting a house where my landlord passed away
Hi, I have been renting a house where my landlord passed away and the house was behind on the HOA dues. The HOA company foreclosed for an unpaid amount of $15,000. The first mortgage BofA is still sen… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We live in SW Florida, but own a home in Middlesex County,
We live in SW Florida, but own a home in Middlesex County, New Jersey, which still has a mortgage of approximately $150,000.00 on it. My two grandsons and their mom have lived in it since my son separ… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My mother passed away and I want to just take over the mortgage,
My mother passed away and I want to just take over the mortgage, but my sister and brother say that I have to "Buy them out" to keep the house, is this the case?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am one out of six owners on a property. There is an existing
I am one out of six owners on a property. There is an existing mortgage and the mortgage may go into default. I've invested too much to let anything go. What is your advise for me to do so I don't los… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My parents house was put on a short sale, the house had been
My parents house was put on a short sale, the house had been refinanced and couldn't afford the monthly payment anymore they where at least 6 months behind on their mortgage. My father passed away in … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
my uncle(83)whos wife passed away a few years ago left her
my uncle(83)who's wife passed away a few years ago left her daughter the property and home,the wife did not work my uncle payed for the property, i should mention that before my uncle & wife bought th… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Hi You were very helpful previously, and now i have a question
Hi You were very helpful previously, and now i have a question regarding a "Trustee's Deed". This is for a friend. She is from Europe and is here taking care of her deceased Aunt's widow who is 91 yea… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My wife passed away in march of 2010 my name was not on the
My wife passed away in march of 2010 my name was not on the mortgage that she got on he own prior to us getting married. We were not behind on our payments up until her death. I notifed Chase Mortgage… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
GRANDPA DIED AUNT PUT A LEASE ON HIS HOUSE FOR 5 YEARS AND
GRANDPA DIED AUNT PUT A LEASE ON HIS HOUSE FOR 5 YEARS AND HE HAS PASSED AWAY AND NOW WE ARE HEARING THAT SHE THINKS WE HAVE TO WAIT 5 YEARS TO XXXXX ITS OWNED NOW BUY 1/3 EACH DAD AUNT AND GRANDDTR A… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I atttended seminar I was told thatland trusts would keep you
I atttended seminar I was told thatland trusts would keep you out of bankruptcy and that you can buy and sell through this co called Armando Mintelongo Seminars, You hae to pay 1497.00 to take three c… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My aunt wishes to quitclaim her home to me. Her daughter currently
My aunt wishes to quitclaim her home to me. Her daughter currently lives in the home and is making the mortgage payments. My aunt is on the mortgage but no longer makes payments, her daughter does. Th… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
I own a house with a former girlfriend, we broke up in August
I own a house with a former girlfriend, we broke up in August of 2008 and I moved out. I want her to either buy me out or sell the house. We gave her mother life estate rights so that she knew we woul… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,463 satisfied customers
IF A FATHER LOANS HIS DAUGHTER 100,000$ TO BUY A HOUSE AND ...
IF A FATHER LOANS HIS DAUGHTER 100,000$ TO BUY A HOUSE AND HE HOLDS A LEGAL NOTE FOR THAT AMOUNT, THE DAUHGTER PASSES AWAY , AND SHE HAS TWO DAUGHTERS, DO THE DAUGHTERS HAVE TO PAY THE NOTE OR DOES TH… read more
Kara K.
Kara K.
Real Estate Attorney
J.D.
184 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