Mortgage/forclosure

[gg115]

What is the name of your state? new york-middletown.

My dad died 10/07. He had no will. He left behind 6 children (two of which are minors) he owned a house with a mortgage. The bank that holds the mortgage would not talk to any of the heirs regarding selling the house because we were not executor of the estate.Since the house was not in good condition and the bank refused to talk to us, an aunt of ours was advised by a laywer friend of hers to let the house go into forclosure. Well, now the bank is trying to sue us for the money owed to them. My father bought that house alone. There are no other names on the mortgage, deed etc. I was served with papers from the banks lawyers. I have only a week to respond or else they will assume the debt is ours. all of my siblings are listed including my minor brother and sister (7 and 12). I own my own home. What can we do?? What can they do. Are we legally responsible for my fathers debts/mortgage etc. What happens if we don't answer the summons. Can this effect our credit reports. Can they freeze our accounts. We were also advised that executor of the estate has to be a child born in wedlock (that leaves me out), but I am the oldest. Oh, the laywer that initially advised us is not returning our calls.What is the name of your state?

[GA456]

I work for a law firm that deals in real estate foreclosures and I see this all the time. Unfortunately, when a parent passes away, their assets and debts are passed on to the next of kin. Your best bet is to get a lawyer asap. In new york state, the laws favors the defendants in foreclosure cases. The downstate counties, such as the one where you live, it is getting more and more difficult to foreclose properties.

Just get a *new* lawyer and get that summons answered ASAP, because the more time you let pass, the more difficult things will get. The bank will not give you any information and neither will the law firm that is supporting them.

[nextwife]

Who was actually the PR/Executor of the estate? Were estate assets taken without a PR appointment? Were there assets sufficient to keep up the payments until the home could be sold? Did the PR attempt to work with the lender by offering either a DIL or try to find a buyer,. even if it would be a short sale? WHAT efforts did the estate make to dispose of the property without there being a fc
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