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Stradog

Successor In Interest

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The house was sold in a foreclosure auction the same day my mom signed the Successor in Interest Acknowledgement form.  Does that or could that play a part in stopping the sale?  What if the Notice of Sale that was posted at the County Courthouse stated that on 4/2/2019 at 10:00 PM is when they would sell the property and they actually sold the property at 10:00 AM could that void the sale?  It seems the mortgage company was delaying the paperwork for Successor In Interest  because they wanted certain papers and after those were sent, they told us they went to the wrong place and then it was they needed more paperwork and they even were looking at the wrong account at one point.  The house is in my fathers name who is deceased.  My mom is the Executrix of the will and did not put this house in the probate for what ever reason.  I currently reside in the house and I am a disabled veteran with a terminal illness and I did get behind on the payments but could not discuss the account because I am not on the account.  I can't get it financed in my name because my credit sucks because when a person gets sick it costs you.  I am just not sure what to do at this point.  I really thought I would come up with the money that I was behind but was unable to.  Any suggestions would be great.

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36 minutes ago, Stradog said:

I currently reside in the house and I am a disabled veteran with a terminal illness and I did get behind on the payments but could not discuss the account because I am not on the account.  I

Unfortunately, your medical condition is irrelevant.  As a non-owner you  are in no position to contest  any irregularity in the foreclosure.  You are simply a tenant and probably a tenant at sufferance.  That means you are only a tenant until the owner decides to terminate your tenancy, which will probably not be long.  You need to focus on finding someplace else to live.

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Thanks RetiredinVA!  I appreciate you being straight forward there.  What about the Successor in Interest which is my mother and could be me I guess also since it is my fathers house and my mother and father weren't married at the time of his death?  I have already been packing and making other arrangements.  What about submitting Notices of Error under 12 CFR 1024.35, or requests for information under 12 CFR 1024.36.  Is the Successor in Interest in a position to contest any irregularity in the foreclosure?

  

Edited by Stradog
misspelled word

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Just a minute here.  Your post is a little confusing.  Please verify the following:

 

1.  Title to the house was solely in your father's name at the time of his death.

2.  At the time of his death, your father and mother were not married.

3.  your father had a will.

4. Your father's will was executed (signed) after your father and mother split.

5. Your mother was the executrix of your father's will.

6. Your father's will left the house in question solely to your mother.

7.  Your mother did not complete the steps necessary to change the title to the house to her prior to the foreclosure.

8.  On the day of the foreclosure your mother signed a document stating that she was in fact the person who would be the successor in interest to your father's title to the property.

9.  Your mother is not contesting the validity of the foreclosure.

 

The reason I am confused is that if your father and mother were not married at the time of his death you would inherit the property unless the will left the property to your mother.  I am also concerned that a will signed before a husband and wife divorce, is revoked by the divorce as if the parties to the will had predeceased each other.

 

However, you must realize that any objection the real party in interest to the property may raise, is only a delaying tactic until the party in interest makes all the payments due on the mortgage.

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