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12-03-2004, 02:12 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 2
| | | theiving mother
What is the name of your state? oklahoma
My grandmother left her home to me and my mother, with the provision that mom would be able to live there and it would pass to me upon her death. i'm listed as a co-owner on the county website and it's my understanding that she can't sell the house, without at least giving me half the proceeds. Now she's telling me that she can do whatever she wants and if there is something left over, I can have it. Well, the idiot has gone and mortgaged the house, which i dont think is legal anyway, and they are talking foreclosure. Can they do that without my signature? I didn't mortgage the house and I certainly don't want my selfish stupid mother to let the house be lost. What are my options in this case? Thanks. |
12-06-2004, 02:26 PM
| | | | You are not clear on why you think that your grandmother left her home to you and your mother, with the provision that mom would be able to live there and it would pass to me upon her death. You need to examine the deed (or other vesting instrument) to determine what your rights are.
IF (and that's a big word) you and your mother own the real estate as tenants in common and not as joint tenants, then she can mortgage her part and if she does not pay, then your part can be foreclosed. If the real estate is going into foreclosure, why don't you buy when it goes up for sale? |
12-07-2004, 05:25 PM
| | Member | | Join Date: Dec 2004
Posts: 396
| | Quote: |
Originally Posted by seniorjudge You are not clear on why you think that your grandmother left her home to you and your mother, with the provision that mom would be able to live there and it would pass to me upon her death. You need to examine the deed (or other vesting instrument) to determine what your rights are.
IF (and that's a big word) you and your mother own the real estate as tenants in common and not as joint tenants, then she can mortgage her part and if she does not pay, then your part can be foreclosed. If the real estate is going into foreclosure, why don't you buy when it goes up for sale? | Yes, he needs to check the deed closely. He was talking as if she had a life estate but then some of the things he detailed indicated it wasn't a life estate at all. It's very important to find out how he holds title and the particular state law regarding ownership. |
12-07-2004, 08:11 PM
| | Member | | Join Date: Jul 2004 Location: Nashville, TN
Posts: 249
| | | Contact a real estate attorney in your area. Take a copy of yuor grandmothers will and a copy of the deed. |
12-08-2004, 07:16 AM
| | | Quote: |
Originally Posted by MortgageGuru Contact a real estate attorney in your area. Take a copy of yuor grandmothers will and a copy of the deed. | Excellent advice! | |
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