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Vanilla32

Illegal Forclosure

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My mother passed away last year. She owned several acres of land free and clear with no lien. There is a house on the land that has $40,000 owed on it. The land was in her Will, and left to my sister. The house was not left in the Will and the bank will not accept payment for the mortgage an they are trying foreclose on the house. My sister has the deed to the house, which, for some reason, does not have a lien on the deed either. I do not know what to do to keep the bank from foreclosing on this house. 

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Foreclosure is spelled with an "e".  If your sister has not paid off the mortgage, perhaps she does not want to own the property and the property is NOT owned by her (no matter what the will says) if it is not paid off.  You can make an offer to buy the property, but the bank has the right to reject your offer if they choose to do so. You or your sister need to consult with a real estate attorney to find out what your options are if you want to pursue ownership of this property.

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Hi Vanilla32,

 

Welcome to the forum! Sorry to hear about your mother's passing and the foreclosure.  It looks like you will need to find a way to pay the mortgage if you want to prevent the foreclosure.  Additionally, based upon the complexity of your situation, you may need to help of a real estate attorney.  A local real estate attorney can be found in the FindLaw directory.

 

Additionally, the following FindLaw articles on foreclosure may also be of assistance:

Good luck!

 

The FindLaw.com Team

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Whether or not this is a mobile home, I cannot fathom why the land would not be part of the collateral securing repayment of the mortgage.  It may be the lender screwed up, but maybe not (and it intends to take the property).

 

We can't know what you mean by sister "has deed" to the house.  (An original deed should be recorded among the land records.)

Even if in WY a will acts as transfer document related to real property, any such transfer will be subject to the right of creditors to go after the assets to repay estate debt.

 

I'd naturally document any refusal by the lender to accept payments.  (I cannot know what you mean by "trying [to] foreclose", but it sounds like the estate may have a bad faith and breach of contract claim against the bank.

It's unclear what you expect folks to tell you other than to consult with a probate-estate attorney (and possibly a real estate attorney as it relates to the bank refusing to accept payments, and if the bank in fact initiates foreclosure action).

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My mother passed away last year. She owned several acres of land free and clear with no lien. There is a house on the land that has $40,000 owed on it.

 

First of all, I've never heard of a situation where a house is located on a particular piece of land and the house is encumbered by a mortgage but the land is not also encumbered.  Are you sure about that?

 

Second, after at least four months, probate ought to have been started and an executor appointed.  Has that happened?  If not, why not?  If so, are you the executor?

 

 

 

the bank will not accept payment for the mortgage

 

Why?  Please be as specific as you can.  How long after your mother's death did someone notify the bank of the death?  Was the loan already in default at the time of death?  Long long has it been in default?

 

 

 

they are trying foreclose on the house.

 

What does "trying [to] foreclose" mean?  In other words, what steps has the bank taken to foreclose?

 

 

 

My sister has the deed to the house, which, for some reason, does not have a lien on the deed either.

 

I'm confused by this.  Liens are not noted on deeds.  The lien would be evidenced by a separate document.

 

 

 

I do not know what to do to keep the bank from foreclosing on this house. 

 

"doucar's" response is obvious, but it's a bit short-sighted in light of your comment that the bank won't accept payments (unless his/her point was to pay the entire balance).  Without knowing the answers to the questions I asked above, it's a little difficult to suggest much other than that you should consult with a local probate attorney.

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