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skyeg3

Citibank Is Trying To Take Our House

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My friend's mom passed away recently and now he is dealing with this issue with Citibank who is really giving him the runaround (and trying to take his house) I asked him to explain the situation so I could post it. This is what he wrote:
 
"My mother passed away recently and the title of the house was transferred solely to under my name. There is an equity line of credit attached to the house. Even though I did not sign for it; it is attached to the house as collateral. After providing Citibank with the death certificate and a copy of a title; they still won’t discuss the loan with me since I didn’t sign for it. They are requesting that I get a testamentary signed through the court to prove I am the title owner of the house. I don't know what to do.  This is in San Francisco."
 
Any advice is much appreciated. Hes a really good person and I just want to get through this quickly and without bleeding a lot of cash. Thank you in advance.

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7 hours ago, skyeg3 said:

They are requesting that I get a testamentary signed through the court to prove I am the title owner of the house.

 

Not necessarily to prove ownership of the house as the deed will already do that.

 

What they are referring to are "letters testamentary" which is, essentially, an order from the probate court allowing him to act on behalf of his mother's estate which will also authorize the people at the bank to talk to him about the loan.

 

Refer him to the San Francisco probate court's website for information on how to open probate and get appointed representative of the estate. He can do that without a lawyer.

 

https://sfsuperiorcourt.org/divisions/probate

 

There is more information at:

 

http://www.courts.ca.gov/8865.htm

 

Please caution your friend that he needs to keep paying on the loan or the bank WILL foreclose and take the house.

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7 hours ago, skyeg3 said:

My mother passed away recently and the title of the house was transferred solely to under my name.

 

Is this intended to reflect the actual timeline -- i.e., she died, and after her death, her house was transferred to your friend's name?  If so, by what mechanism was title transferred?  Same question if title transferred before the mother's death, but please also tell us how long before she died this happened?  This is a particularly important issue in light of your statement that the bank wants your friend to prove ownership of the home.

 

 

7 hours ago, skyeg3 said:

There is an equity line of credit attached to the house. Even though I did not sign for it; it is attached to the house as collateral. After providing [name of bank] with the death certificate and a copy of a title; they still won’t discuss the loan with me since I didn’t sign for it.

 

I assume the bank you named was the lender on the HELOC.  I further assume the HELOC was secured by a deed of trust.  In any event, the bank isn't likely to discuss the loan account with anyone other than the personal representative of the mother's estate or her successor as defined in California Probate Code section 13006.

 

 

7 hours ago, skyeg3 said:

Any advice is much appreciated.

 

Your friend needs to talk with a probate attorney and may need to file to probate his mother's estate.

 

Please also answer the other questions in "doucar's" response.

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On 5/24/2018 at 0:53 AM, doucar said:

Two questions: How did the house get transferred to his name? What do you mean by Citibank is trying to take OUR house. What is your roll in this?

From Julian:

 

Thank you all for the help and advice. The title was transferred by a company called California Document Preparers. They notarized a document stating that my mother is transferring the title of the house onto my name solely. I am currently talking with a lawyer to see if the Citibank situation can be resolved.  I have read the document in regards to the equity line of credit from Citibank that my mom took out; the document states that this loan needs to be repaid regardless of who is on the house. The letters I have received mentions to prevent foreclosure to contact Citibank which I have been doing, but because I didn't sign for the loan they can't discuss anything with me. I'll update if I get any new updates from Citibank or the lawyer.

 

Skye has no role other than is a friend and is the one who started this thread.

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Just for starters, it doesn't really help if you come back and only answer some of the questions asked.

 

 

1 hour ago, skyeg3 said:

The title was transferred by a company called California Document Preparers. They notarized a document stating that my mother is transferring the title of the house onto my name solely.

 

Ok...so, sometime (how long?) before your friend's mother died, she transferred title to her home to her son.  Correct?  What sort of deed was used (e.g., grand deed or quitclaim deed or something else)?  Was the deed recorded with the county recorder in the county where the property is located?

 

 

1 hour ago, skyeg3 said:

Skye has no role other than is a friend and is the one who started this thread.

 

Then please explain the statement in the subject header that the bank "Is Trying To Take Our House."  Simply a typo?

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3 hours ago, skyeg3 said:

I am currently talking with a lawyer to see if the Citibank situation can be resolved.

 

Julian, I suggest you re-read what I wrote about going to probate court and becoming representative of the estate. The people at Citibank won't talk to you without those papers. Your lawyer ought to be telling you that, too.

 

The other thing is that you have to keep making the payments on the house, or lose it to foreclosure.

 

Presumably your mother left documentation as to where to make the payments. That the people at Citibank won't talk to you now doesn't mean that they won't accept payments to the mortgage account.

 

If a couple of payments have already been missed, Citibank won't wait much longer to start foreclosure.

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