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
Richard Samuel Price
Richard Samuel Price
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

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.

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