Q: Grandmother passed and has a mortgage that is going into foreclosure what can i do to save it and stay in the home
Her daughter was supposed to be making payments on the house while she was sick and unable to, we recently found out she had not been doing so obviously. If I contact the mortgage company, is there a possibility that they will work an agreement out with me to pay the past due balance? I have the means to make additional monthly payments to bring it current. Does the The Garn-St. Germain Depository Institutions Act of 1982 still apply?
A: The short answer is that you have to pay the mortgage. You can't stay there and not pay. The mortgage company probably (if the mortgage is properly drafted) has a right to foreclose on the property and then get a foreclosure deed to the property without any Court proceeding. Then, you have 10 days to get out or you will lose your right to get back into the house by paying the mortgage. The mortgage company will file a lawsuit to have you put out of the house. You have to pay to stay.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
