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Maine Foreclosure Questions & Answers
1 Answer | Asked in Probate, Foreclosure and Landlord - Tenant for Maine on
Q: My mom and a house mate bought a house together. The housemate file chapter 7 of part of the house that she owns mom pas

Away and now I don’t know what to do. Nothing was in place no well, no nothing.

Daniel J. Eccher
Daniel J. Eccher
answered on Feb 17, 2023

Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you... View More

1 Answer | Asked in Foreclosure and Probate for Maine on
Q: My mother passed away and left the house with a reverse mortgage. Do I have do deal with it or can I walk away.

There is no will. A friend of hers had power of attorney and took care of her bills. The last of her bank account was used to cremate her and there are no liquid assets. There is another person still living in the house that doesn't seem motivated to move out that had lived there for free in... View More

Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023

Yes, you can step back and do nothing. The lender will foreclose and acquire the house and the heirs will have no personal responsibility to pay the reverse mortgage.

1 Answer | Asked in Foreclosure for Maine on
Q: What does a non-profit road association who have liens on a property if they receive notice of a lawsuit from the bank

Federal Home Loan Mort. Corp.

Fred Bopp III
Fred Bopp III
answered on Jun 3, 2021

You have not provided enough information for me to respond with a complete answer. For example, did the non-profit road association place liens on the property after the bank’s mortgage was already in place on the property? If so, then it sounds like the non-profit road association is a party in... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Maine on
Q: Is my girlfriend allowed to gain the title to her trailer after a profit loss write off on the mortgage?

My girlfriend and her mother both had their names on a mortgage for her trailer. It was paid on decently from 2015 to the end of 2018 when her mother passed away. Afterwards we spent a couple months trying to contact the company we paid mortgage to, which in turn caused us to talk to the owner. We... View More

Fred Bopp III
Fred Bopp III
answered on Feb 9, 2020

I am sorry, but I would need more information in order to analyze this situation properly. For starters, who is the owner you reference above? Is this person the owner of the trailer? If not, who is the owner of the trailer? Also, who is the holder of the mortgage? Finally, why do you say you... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Maine on
Q: Buying a bank owned foreclosure with a Les Pendens

We are in the process of purchasing a bank foreclosed property at auction, the property has a Les Pendens on it from a local hospital here in Maine. We paid 37,000 at auction. The preforclosure started in September of 2017, the bank wanted 160,000 so they took a large loss. The Les Pendens was... View More

Fred Bopp III
Fred Bopp III
answered on Dec 1, 2018

I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded,... View More

1 Answer | Asked in Foreclosure for Maine on
Q: When is a mortgage payment considered past due allowing the financial institution to bring a foreclosure proceeding?
Fred Bopp III
Fred Bopp III
answered on Nov 10, 2018

Assuming this is a mortgage on your home, the financial institution must provide you with a written notice of default and right to cure your mortgage loan default (assuming that the default is for non-payment). The notice must state that you are "in default" and that you have 35 days to... View More

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