Oklahoma City, OK asked in Foreclosure for New York

Q: My dad stopped making his mortgage payment on his home in Unadilla, NY in Jan 2016. He moved out of state after that.

He passed away in Aug 2017 and the house is still not foreclosed on. I tried to deal with the bank but because his will had my mom (they have been divorced for many years) as the beneficiary they will not talk to me. Its been over 900 days since last payment was made. Why is it taking so long?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: They need someone to sue. The divorce nullifies the bequest to your mom. If your dad was sole owner, you need to bring an estate administration to deal with the bank. If there is no equity, it may not be worth the effort, and just let the property go. No one is presently in position to be served as the defendant.

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