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Harpers Ferry, WV asked in Real Estate Law for West Virginia

Q: I was placed on the Deed 3 years after my parents got their mortgage. My Mother died. My father stopped making payments.

I was placed on the Deed 3 years after my parents got their mortgage. My Mother died. My father stopped making payments. The house is nearing courthouse sale. I was never placed on the mortgage and I don't think the bank was ever notified that I was placed on the Deed. How can the bank take 50% of my house. Seems to me they can not secure my half of the house in the foreclosure. I can't find any answers to my situation. It has been 16 years since my parents placed me on the deed and in that time they did modifications which I also did not sign. It seems to me like I still own 50% of my home and the bank failed to secure my 50%. What do I need to check? They are claiming they are closing on a Prommisary note that was executed 3 years prior to my being placed on the deed. It’s been 16 years since I signed the deed. This is urgent. Please let me know what my rights are. ASAP. Thanks. This is urgent please. I didn't get any notices about the foreclosure till a month before sale.

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1 Lawyer Answer

A: If your parents transferred a half interest in the property to you, it was done subject to the bank's interest. By the way, the transfer may have been prohibited by a "due on sale" clause in the mortgage. In any event, simply because your parents transferred an interest in the property after they executed the mortgage doesn't affect the bank's right to foreclose if the loan isn't being paid as agreed.

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