Q: My mother passed away and house title is not in er name.i found the quitclaim her husband signed to them both as jtwros.
Its notarized and witnessed he died a month after it was executed and she thought it was thrown away until i found it cleaning out her belongings 10 years later after she passed away.the home is in foreclosure now and i had no say so it world go to his children by operation of law.i had no say so and they seem to not want to settle .i live in home and want to keep it but now the fees have grown and i can'tafford to pay all past due fees to take over mortgage but i could afford monthly payments. Since i wasn't deemed an heir by mortgage company and they wouldn't speak with me at all and now i have the proof that she was the survivor of him and property was hers am i entitled to home and can i stop foreclosure? Will i owe a bunch of taxes etc. She did file widow homestead and paid all of his debts off etc when he died out of her money and no one helped her.she struggled to pay the bills alone for 10 years.i am going to file the quitclaim now what will happen ? Should i leave it alone?
A: You need to talk to a foreclosure defense attorney in your area about this. If you have any ability to keep the property you will need to open a probate to have the property transferred to your name after the deed is recorded. If you cannot afford to keep the property you still can sell it if there is enough equity to pay off the amount due, and the accrued real property taxes, but talk to the foreclosure defense attorney first.
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