my mom passed away, How do I find out if she had credit life on her home mortgage?
Renting & Real Estate
tunga_01 asked:
My mom recently passed away and she had a home mortgage. She had another mortgage on a previous home loan and now I can’t find any paper work on her new home mortgage. I called the bank that she has this loan with and they won’t tell me anything because I am not the executive of her will. Problem is my sister is the executive and I have a bad feeling they are trying to sell the land and take the money without telling the rest of the remaining siblings. Any help would be greatly appreciated!
Well in her will it does state that me and my other brother gets a piece of the land. But my other siblings say that it is mortgaged and that she had no credit life to pay it off. They won’t show us any paperwork and they act like the bank won’t give them any copies, which is a lie because I talked to the bank. I am going to get an attorney to fight this but I wish I knew of a way to find out for sure if the land is paid off or if they are telling the truth about it still being mortgaged.
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My mom recently passed away and she had a home mortgage. She had another mortgage on a previous home loan and now I can’t find any paper work on her new home mortgage. I called the bank that she has this loan with and they won’t tell me anything because I am not the executive of her will. Problem is my sister is the executive and I have a bad feeling they are trying to sell the land and take the money without telling the rest of the remaining siblings. Any help would be greatly appreciated!
Well in her will it does state that me and my other brother gets a piece of the land. But my other siblings say that it is mortgaged and that she had no credit life to pay it off. They won’t show us any paperwork and they act like the bank won’t give them any copies, which is a lie because I talked to the bank. I am going to get an attorney to fight this but I wish I knew of a way to find out for sure if the land is paid off or if they are telling the truth about it still being mortgaged.
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October 7th, 2008 at 2:50 am
You are a person of interest in your mother’s estate. Unfortuantely though, no mortgage company will speak to you regarding your mother’s account unless they have prior consent from your mother for you to speak on her behalf. If you are not named as having interest in the property in her will there is nothing you can do. I’m sorry.
October 7th, 2008 at 8:33 pm
My family went through the same thing as far as the other siblings running around behind our back making deals and such. If she is the executive of the will then Im sorry but you are SOL. If your mom left you anything it will be described in full in the will. The executor of the will is in charge of fufilling the terms of the will. You can take it to court but will probably not be worth it in the long run unless you have substantial proof she has decieved you in any way. Examples changing things in the will at the last minute by switching doctors and such. Its a very complicated process but I would suggest being straight with your intentions with your sister and she if she will reveal it to you. Also if not you have the legal right to posses any information that pertains to you. I would speak to a lawyer in this area, most conseltations are free but make sure you arrive with all neccessary paper work to delay any decisions. Good Luck!! If she does sell then there will be specific instructions on the will that say how and what will be divided among you guys. If not then I guess its under the descretion of the executor.
October 8th, 2008 at 7:52 pm
You may not be the executor of her will, but you are one of her children and you have an interest in the estate unless her wishes stated otherwise. She may have named an executor but didn’t leave specific instructions for the house/land. If that is the case, the executor has to abide by your state law and generally any siblings have to be informed if the land/house is to go up for sale. If she had a lawyer, you might be able to find out from the lawyer. If not, you may have to hire one or go to Legal Aid in your state, to find out the answer.
October 11th, 2008 at 1:40 am
Remind your sister that fraud is a crime. She may be the executor but that doesn’t mean she can deprive you or any other beneficiary of their inheritance. If you want to know if there is a mortgage go to your county court house, all mortgages are recorded there so you can also find out who the lender is, if any. The executor, or in this case the executrix, is responsible for paying any debts of the estate such that a piece of mortgaged property would likely need to be sold if their are multiple beneficiaries. It is a very common situation.
October 12th, 2008 at 6:39 pm
YOU NEED AN ATTORNEY. AND HAVE THE ATTORNEY FILE A MOTION THAT THIS NEEDS TO BE A SUPERVISED RECORDED ESTATE. What that means, is that all matters pertaining to your mother has to be recorded at the court house. This would than be a supervised estate. and not a un-supervised estate. This needs to be done asap = believe me, this happened to my son 2 years ago, when his father passed away, and he was only son. But the uncle was the executor of the estate, and things were sold off, that my son wanted, and we had to go to court. Good luck to you.