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Foreclosure on deceased mortgage holder- can't believe what i'm going through

Discussion in 'Chase Mortgage - Tell Us Your Chase Story' started by bigbill, Oct 11, 2012.

  1. bigbill

    bigbill LoanSafe Member

    My wife and I moved in with my mother-in-law to take care of her beacause she had been diagnosed with cancer. She got all of her affairs in order (last will and testament, power of attorney, quit claim deed and living trust). She passed away in May of 2010. The power of attorney named my wife and I as executors of the estate. We went to our bank and had all the appropriate documentation sent to Chase. Thinking everything had been taken care of, we were served with a foreclosure notice in my mother-in-law's name. We never received a notice of default prior to this notice. We tried to talk to Chase yet they would not speak to us. We explained the situaton to them and who ever they had outsourced to did not understand what "died or dead" was. As he told me "deaded" was no excuse, I still need to talk to her.

    This is how my dealings with Chase went for the next 2 years. I got to the point after being called trash, laughed at, a liar and several other colorful terms I refused to call them. A few months ago they sent a woman to check occupancy. This "lady" I knew from having worked as a police officer in the town for 15 years was not of good moral character. She had five guys with her and an empty truck. I contacted Chase and told them what had happened. Chase told me "Oh, well at least we know someone is living there." I tried several more times to speak with someone to no avail. After 26 months they will finally talk to my wife and I after we answer the Chase 20 question quiz. I have talked with I think every department they have and no one knows what is going on. I don't know what to do anymore. I have never dealt with such a messed up company. I am flustered and at the end of my rope and my wife is so distraught that she is now contacting congressmen and senators for our state. Maybe someone will listen.
  2. jakelabry

    jakelabry LoanSafe Member

    What is it you are trying to accomplish? Was anybody making the payments? Did you open probate with the court or does the trust make that unnecessary? Unfortunately death does not "disappear" debt, it must still be settled by the estate. Was she behind on the mortgage before she passed away? Perhaps she received the default notices? The fact is, if payments are not made then the contract or mortgage provides relief for the lender in the form of foreclosure. If your intention was/is to keep the house then payments needed to be made. Look, I just recently went through this as executor of my father's estate. In my state the transfer of real property (house) is automatic at death - no quit claim necessary, his heirs automatically become titled owners. It becomes tricky if the property is encumbered by a mortgage because the debt is owed by the estate and the property is still security for that debt. I'm kind of confused as to what you were trying to accomplish. Get the house transferred to your wife? Get the mortgage in her name? Give the house back to the bank? Keep the house? If you all intended to keep the house, then making the payments was a absolute necessity. Bank doesn't care who they get a check from. All the rest is just details to work out as long as the money keeps flowing.
  3. LostRM

    LostRM LoanSafe Member

    bigbill-
    What are you trying to do? Assume the mortgage? You didn't list an exact question Several questions to help us understand-is the loan in a trust? POA stops upon death, so that is useless. i hope the court has named you or your wife executor of the estate you will need that. Quit Claim Deed doesn't add you to the loan, so the bank is foreclosing on the loan. Were you ever added to the loan? Overall there is a program chase has for loans that are trying to be modified when the loan holder is deceased. Overall i would start with sending in the death certificate and proof you are executor of estate, so you can speak to a CAS.

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