Q: Is filing a quiet title and option?
I am named executor of my deceased parent's estate, however, I have not submitted for probate due to an insolvent estate. There is an underwater house with mortgage that has since gone into default. Loan was sold by Beneficial to a trust via Select Portfolio Services who is the servicer of the loan now. They have started notices for foreclosure. When I reviewed the mortgage and note, the legal description contained in them is the legal description of a vacant piece of land my parents owned which is adjacent to the house. Not the legal description for the house SPS is trying to foreclose on. What are my options? Should I file quiet title? Can I file as a successor in interest without going through probate? Can SPS foreclose on this property without petitioning the court for reformation? Property is located in NY State. I want to keep the house.
A: Your situation is too complex for this forum and requires an in person consultation and a review of all documents. This may require more than one type of attorney.
A: You need to have an attorney review your documents. It is possible that the mortgage is for the vacant lot.
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