What is a letter of administration? What is a recorded final distribution deed? Please help! need advice.

[adamb]

I need some advice and some help!! I know nothing about mortgages or anything like that...My mom passed away back in 2007. My brother was named as executor of the estate and we just split everything down the middle. Our lawyer just told us at the time to continue paying the mortgage, which was still in my moms name, since between the 2 of us we could afford it. It was really low. Well in 2008 my brother left and went to college in texas. I have had room mates and such and have paid the mortgage with my brothers help still. I have worked odd jobs here and there, nothing steady mostly seasonal work since 2009. It was always room mates that helped pay for the mortgage. I fell behind here or there, but always caught up.

In 2010 my brother (whos still in Texas and has his own place, is married, he's in the army etc etc) didn't want to deal with the house anymore. he wanted to sell it. Well, this was always the place i come back to after always doing my seasonal work. He said either sell it, or buy him out. I got the house appraised and bought him out. Summer of 2010 i left, and a friend of mine paid the mortgage for me since he just went through a divorce and he was living at the house too. I came back end of 2010, and got a steadier job, but not that good of pay. my friend left in 2011, and i couldn't afford the mortgage. I paid a few times, but ended up falling too behind. They wanted full payments instead of little payments.

Well since they didn't know anything, i called them and said my mom had passed away and asked what my options were. They said they needed the death certificate. So i called my brother before he left for Iraq, and he faxed them the death certificate. I called them back and they said they still couldn't talk to me, they needed the power of attorney. So literally right before he left, i called again and he faxed them the power of attorney (which he had) AND the paperwork saying i bought him out. Well i called again and they said they still weren't able to talk to me.

They said they'd call me back with a list of paperwork i needed. This was around Thanksgiving time. They called, but i didn't call back since i was pretty upset with the run around they seemed to be giving me. I just called them again and they said they still can't talk with me in regards to the account, at first he didn't see any of the paper work that was faxed. After looking again they said they do see the death certificate, but they also need a recorded final distribution deed and a letter of administration?

What is a recorded final distribution deed? What is a letter of administration? Maybe he said contribution, i couldn;t understand his accent. where do i get these from? I havent paid in over a year, and have gotten notices on my door to call them, nothing about foreclosure yet. It's getting pretty frustrating because i know there is equity in the house and i just want to talk to them to see what my options are so i don't lose the house. I fear that i'm getting closer by the day to finding a notice on my door to vacate.

Any help or advice would be great since i literally know nothing. Thanks for reading, i know it's pretty long.

[Jeffrey L. Shurtliff]

If the house has equity and you have the power of attorney sell it. However be advised that the late fees and late payments will eat that equity up fast. A distribution deed and letter of administration are documents needed to show who the house belongs to or how many have interest in it, who will pay and be responsible for the mortgage. This must be recorded on the property. It would seem to me your brother would know about that as you bought his part of the deed out and he came up with the power of attorney for you. The mistake here was leaving it in your moms name after her death. Her estate is supposed to be settled and if it was settled correctly either you or your brother or both would be on the deed of the house; however the bank does not have to go along with the settlement as they would need to know whether or not you could pay the mortgage. You are in danger of foreclosure and the bank can lawfully foreclose on you. Also they will not talk to you as you have nothing showing you own the house and own the loan. You need an attorney and not the one you used before. Also welcome to the forum!