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  1. #1
    Member Homealonehelp's Avatar
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    Apr 2012
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    Living in house of deceased parent, how much time left before foreclosure?

    Hello fellow foreclosed folk, been reading in this thread for a while now and have a question I haven't seen posted.
    I lived with my sick mother for 6 years, and stayed in her house after service.
    She recently passed, and hasn't made mortgage payments for about a year.
    I received a letter stating that " a state court foreclosure action is quasi in rem only" and
    That she has 30 days to dispute it.
    2 questions,
    How long do I have in this house before it is foreclosed?

    And
    Is there anyway I can play the Hampster game in order to save some $?
    Maybe request a mod or attempt to qualify to pay the mortgage knowing I will be denied
    But it may buy time ?

    Thanks in advance for anyone's help! Am desperate for some sort of hope!

  2. #2
    LoanSafe Guide Evan Bedard's Avatar
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    How long do I have in this house before it is foreclosed?

    And
    Is there anyway I can play the Hampster game in order to save some $?
    Maybe request a mod or attempt to qualify to pay the mortgage knowing I will be denied
    But it may buy time ?
    Welcome and thanks for joining the forum.

    First off, I'm very sorry to hear your mother has passed away.. I take it she was the only one on the mortgage correct? Also have you had any contact with the bank since then? If not, and you do not have permission to talk on the loan you may need to send in a copy of your mother's death certificate and let them know you are the only one living in the property and you would like to apply for a loan modification. If they do allow you to apply for the modification this can definitely help you delay foreclosure proceedings..
    Keep Fighting!

    Evan Bedard
    LoanSafe.org Support Team

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  3. #3
    Senior Member JustSharon's Avatar
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    Sep 2011
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    HomeAlone:

    It wasn't clear to me whether you are the representative (Executor/Administrator) of your mother's estate. If you are, then you may need to provide the bank with an official document from your estate court in order to discuss the matter with them. You also need to consider whether there is any equity in the house. If there is equity, then the heirs (presumably you and perhaps others) may be entitled to it. This could change the picture. If you are the estate representative, you probably should contact a local attorney right away to help you with the estate. Setting an estate may take many months. Assets have to be located and accounted for; bills have to be accounted for; the court's permission may be required to sell assets, etc. So it may be a while before the issue of the house is resolved. Until you get better information from your attorney, stay in the house and don't make any payments. But I do suggest that you contact an attorney if you are (or should be) the estate representative.

  4. #4
    Member Homealonehelp's Avatar
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    Quote Originally Posted by Evan Bedard View Post
    Welcome and thanks for joining the forum.

    First off, I'm very sorry to hear your mother has passed away.. I take it she was the only one on the mortgage correct? Also have you had any contact with the bank since then? If not, and you do not have permission to talk on the loan you may need to send in a copy of your mother's death certificate and let them know you are the only one living in the property and you would like to apply for a loan modification. If they do allow you to apply for the modification this can definitely help you delay foreclosure proceedings..
    Hey Evan, thanks for responding. I believe she was the only one on the mortgage, however my sister receives the same letters she gets so maybe her name is on the loan also, but I doubt she owns. I havent had any contact with the bank, Ive only been keeping note of the letters theyve sent. I am a veteran, so maybe the VA can help with some sort of loan mod, however, as of now I just want to know how long will foreclosure take? they sent a letter last month on march 23rd stating that a state court foreclosure action is quasi in rem only, and that if the debt isnt disputed within 30 days then it will be "assumed to be valid by our firm"

    if I call and notify them of her death, will it speed up the process? or should I wait it out some more and see what they send?
    I am low on funds, am a college student, and dealing with all the paperwork that comes after death, if anyone has any suggestions please let me know

  5. #5
    Member Homealonehelp's Avatar
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    Apr 2012
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    Living in house of deceased parent, foreclosure "quasi in rem" HELP!

    Hello, been reading in this thread for a while now and have a question I haven't seen posted.
    I lived with my sick mother for 6 years, and stayed in her house after military service.
    She recently passed, and hasn't made mortgage payments for about a year.


    2 questions,
    How long do I have in this house before it is foreclosed?


    And
    Is there anyway I can play the Hampster game in order to save some $?
    Maybe request a mod or attempt to qualify to pay the mortgage knowing I will be denied
    But it may buy time ?


    I believe she was the only one on the mortgage, however my sister receives the same letters she gets so maybe her name is on the loan also, but I doubt she owns. I havent had any contact with the bank, Ive only been keeping note of the letters theyve sent. I am a veteran, so maybe the VA can help with some sort of loan mod, however, as of now I just want to know how long will foreclosure take? they sent a letter last month on march 23rd stating that a state court foreclosure action is quasi in rem only, and that if the debt isnt disputed within 30 days then it will be "assumed to be valid by our firm"


    if I call and notify them of her death, will it speed up the process? or should I wait it out some more and see what they send?
    I am low on funds, am a college student, and dealing with all the paperwork that comes after death, if anyone has any suggestions please let me know

  6. #6
    Senior Member LostRM's Avatar
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    The rules for taking over a loan is based on death or divorce. Since you were not married to the deceased, this would not be possible for you to modify it. Chase just came out with a new program this year addressing this issues for previous spouses, last year there wasn't even a policy in effect. Overall if you plan on calling in you would need to send the death certificate and proof you are in charge of the estate. It will take about a week for that to be put on the file. Overall if the file is in foreclosure there should have been a mailing from the law office that is handling the file for chase. keep us posted.

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