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d55

property mortgage dispute

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My sister and I each inherited 1/2 each property and mobile home in Florida. I live in this home she is in a nursing home in Ohio and they had her sign a mortgage for 36,000 thousand which is more than 1/2 value of property and home. They made the mortgage so there is no way she can pay and will default  on loan and they can foreclose They are already taking all of her social security  money to stay there . Can they for forclose on this and force sale

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They can foreclose on her one-half interest in the property.  The value of a one-half interest in a mobile home and lot in Florida is essentially zero (Unless the lot itself is quite large).  The foreclosure would require the one-half interest be sold at auction.  If you were to bid one dollar you might very well be able to buy the interest, no one else would have any interest.

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On 9/21/2019 at 5:48 AM, d55 said:

they had her sign a mortgage for 36,000 thousand

 

Who are "they"?  What does "had her sign" mean?  Does it mean anything other than that "they" asked her to sign and she agreed?  What does the mortgage encumber?  The mobile home?  The property on which the mobile home is located?  Both?  If the mortgage relates to the real property, has it been recorded with the county clerk in the county where the property is located?  If it relates to the mobile home, has it been filed with the DMV?

 

 

On 9/21/2019 at 5:48 AM, d55 said:

They made the mortgage so there is no way she can pay and will default  on loan and they can foreclose

 

You mean she made it that way, right?

 

 

On 9/21/2019 at 5:48 AM, d55 said:

Can they for forclose on this and force sale

 

If your sister fails to meet her obligations under the mortgage that she signed, then the mortgagee can foreclose, but that foreclosure can be of her interest only, not yours.

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