My mother's mortgage co. has been calling and harassing me for her mortgage payments since she died a couple of months ago. I have sent them all the legal forms for them to file a claim in Probate Court but they are having their collectors call me, anyway, saying they could forclose on her house. My brother and I are worried that we might lose the house before we can put it on the market for sale.
2007-06-20 06:32:45 · 3 answers · asked by Charla 1 in Politics & Government ➔ Law & Ethics
Yes, the mortgage company can foreclose on the house if the "regular monthly mortgage payments" aren't being paid.
It doesn't matter if the house is in probate or not, the principal, interest and escrow needs to be paid accordingly.
I suggest that if you or your brother cannot make the mortgage payments accordingly, then put the house for sale immediately. Once you have put the house for sale, you can call your mortgage company and request for you to pay the interest and escrow until the house gets sold.
Every mortgage company has different rules/regulations. Some will or will not be willing to work with you.
But it doesn't hurt to try.
P.S. If your mother had life insurance and protected the mortgage; then all you have to do is send the mortgage company a copy of the mortgage protection. You can get a copy with the life insurance broker/agent. The mortgage company will stop calling you for payments once they receive their copy, then they will call and handle this matter directly with the insurance carrier.
Good Luck.........
2007-06-20 06:50:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
confident, a lender can foreclose on a house mutually as that's probate if funds have not been made. touch the criminal expert dealing with the probate for you. Have him deliver a comprehend a few style with the Letter of administration related. If the economic company nevertheless insists on foreclosing, record a momentary Restraining Order or momentary Injunction that could end after probate is completed. Probate many times lasts between 6-12 months, so which you and the different heirs could come again to an settlement on bringing the non-public loan present day on funds and persevering with to lead them to well timed till each thing is finished.
2016-10-08 21:36:13 · answer #2 · answered by ? 4 · 0⤊ 0⤋
They can foreclose against an estate. They are not likely to do so if they know the house is going to be sold. Don't you have an attorney? Call him & have him deal with them. That's what you pay him for; you don't have to deal with them.
2007-06-20 08:00:26 · answer #3 · answered by Anonymous · 0⤊ 1⤋