Posted by Tommy FL on December 01, 2006 at 04:43:47:
i would contact a RE lawyer to find out what could be done. Only thing i can think of is pay up the arrears if there is a ton of equity in the home, but even that is a gamble.
foreclosure - Posted by mike shaffer
Posted by mike shaffer on December 01, 2006 at 01:52:02:
My brother lives in a house financed by my parents, both are deceased for over 12 years… He is a Jr. and has never changed the mortgage or even notified the mortgage company that my parents are dead… In their will he was to receive 1/3 of their estate, I was to receive 1/3 and each of us has a natural daughter who would inherit 1/6.
He has recently been drinking and gambling and the house is close to foreclosure, if proceedings have not already started… Are we protected at all from his frivolity?
Do we have any rights or remedies?
Mike S
Re: foreclosure - Posted by dj-nyc
Posted by dj-nyc on December 06, 2006 at 13:41:26:
These matters are complex. An attorney can sift through the estate matters and get the house sold and proceeds distributed.
A letter from an attorney’s office may get your brother to “sober up” and deal with the business at hand.
good luck,
DJ-nyc
Re: foreclosure - Posted by Natalie-VA
Posted by Natalie-VA on December 05, 2006 at 13:39:32:
Mike,
I’m not an attorney and you need one. Ask him/her if it might be a good idea to just let it go to foreclosure. It might be the best (fastest and cheapest) way to clear up title and get your share of the proceeds. Once the mortage and any other judgements are paid off, the rest goes to the owner(s). That way you don’t have to deal with getting your brother to move, etc. That will be someone else’s problem. I don’t know how probating the estate would tie in here.
–Natalie
Re: foreclosure - Posted by Bill Jacobsen
Posted by Bill Jacobsen on December 04, 2006 at 15:19:00:
Short answer is you need an attorney.
Who was the executor and why were the assets not distributed as as required by the will?
Is the real property the only thing in the estate or does the house constitute your brother’s one/third?
Good Luck.
Bill