Palmdale, CA asked in Civil Litigation, Probate, Foreclosure and Real Estate Law for California

Q: Reverse mortgage company problems. 1. We are in probate 2. They would not speak to the heirs until probate was opened

.. We paid the property tax. They paid the property tax and received a refund from the Assessor, then added the tax amount to the balance of the rev. mort. loan.

3. When probate was opened, they spoke only to say "too late now, we have started foreclosure"

4. They realized they recorded the deed wrong 4 years ago. A Lawsuit was filed against the deceased to change the deed.

5. The estate Lists the property for sale and finds a buyer.

6. Rev. Mort. Co. Tags the house as abandoned and attempts to change the locks. We told them we have them on camera, house not abandoned or un-secured.

7. They file a Les Pendens

8. They contact our insurance company to notify them the property has been abandoned.

They have yet to contact us as heirs or executors, their foreclosure is all they want. The house is secure, not abandoned or in danger. It has Real Estate lock on the door, they dont like that. Next court date 8/23, the hearing to change the deed so they can continue with foreclosure.

1 Lawyer Answer

A: First thing to do is to negotiate with the lender to delay the foreclosure. As a last resort, you can file a TRO to stop the foreclosure. In the meantime, sell the house and pay them off. You need an attorney.

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.