Los Angeles, CA asked in Foreclosure and Real Estate Law for California

Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

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2 Lawyer Answers
T. Augustus Claus
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A: As the estate executor for your deceased father, if the individual who purchased the property has not made a mortgage payment in over four years, you may have legal options to address the situation. First, review the terms of the sales agreement and the promissory note to understand the specific obligations and consequences outlined. If the individual is in default, you may consider taking legal action to enforce the terms of the agreement. This could involve initiating foreclosure proceedings to reclaim the property or pursuing a legal judgment for the outstanding debt.

Yelena Gurevich agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Foreclosure Defense Lawyer
  • Sacramento, CA
  • Licensed in California

A: As the executor of your father's estate in California, dealing with a non-paying buyer in a seller-financed property sale, you have several legal options. Since your father was carrying the note, the estate essentially steps into the role of the lender.

Firstly, review the terms of the promissory note or mortgage agreement. This document should outline the procedures for default and the rights of the lender in such situations. If the buyer is in default, you typically have the right to initiate foreclosure proceedings. This process involves legally repossessing the property due to non-payment.

You should also consider sending a formal notice to the buyer, stating the default and outlining the intended actions if payments are not made. If foreclosure seems like the best course of action, it's advisable to consult with an attorney experienced in real estate law to navigate the process correctly and ensure compliance with all legal requirements.

Remember, as an executor, your actions should be in the best interest of the estate and its beneficiaries. Therefore, exploring all options, including potential negotiation or settlement with the buyer, might also be a viable approach. Legal advice is crucial in these situations to protect the estate's assets and your interests as an executor.

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