Q: House was forclosed on. New owner is threathing to remove personal property of an estate immediately. What can we do?
Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once with a forclosure notice in May of 23, and refused to allow payment in full. Turned around and sold first week of June of 2023. New owner is threatening to remove property from home. Do they have to evict the estate?
Estate sale is pending in a week.... What are our rights?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure after note acceleration and tender which was waived. The next of kin of note/trust deed maker would have standing. Tender of payment would have to have been cash or certified funds. New owner can file a Detainer Warrant, or even clean up "trash" in home, as he owns it. The Probate did not forestall debt payments. NOK will need a competent 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.
