Q: My father bought a house 3 months before he died. My lawyer says we can not let the house go back we have to pay it off
It has been 15 months tried selling it but no one wants it because he owes more than its worth. The VA told me we could and they would have to pay the difference. Is my lawyer right or do I need a new lawyer? By the way his son works for the bank that has the loan. He said the court will take the other assets if we don't pay it off.
A: You definitely need your own attorney. The Creditor Bank evidently wants to Probate the Estate so it can file a Claim against the Estate it pays itself as the Personal Representative. Obviously you and your Family have not attempted to divide up his Estate, and instead have been making installments on a Note which is not yours but is secured only by the Real Property. You and the other Next-Of-Kin definitely can quit paying the Note and allow Foreclosure to occur. Hire a competent attorney now. A decision about whether to allow Foreclosure or request VA assistance should be made immediately.
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