What is the name of your state (only U.S. law)? PA
Unique situation. Father passed away recently. Mother is selling a trailer and property in both my deceased father and living mother's name. Upon a title search, it was noticed that there is a lien on the trailer...but there isn't supposed to be. Turns out, the Heloc that parents had was liened on the trailer property instead of their home! To boot, the Heloc is in only my deceased father's name. At this time, the Heloc bank says that they will not release the lien, even though they leined on the incorrect property. In one breath, the bank says that my mom is not responsible for the Heloc balance because it is not in her name, but that they will sue her if it goes into default. So, in summary, what is the Heloc banks obligation with regards to releasing the lein if they incorrectly applied to wrong property? Also, what is my mother's obligation to pay the Heloc if her name does not show up on the Heloc? Thanks in advance.
Unique situation. Father passed away recently. Mother is selling a trailer and property in both my deceased father and living mother's name. Upon a title search, it was noticed that there is a lien on the trailer...but there isn't supposed to be. Turns out, the Heloc that parents had was liened on the trailer property instead of their home! To boot, the Heloc is in only my deceased father's name. At this time, the Heloc bank says that they will not release the lien, even though they leined on the incorrect property. In one breath, the bank says that my mom is not responsible for the Heloc balance because it is not in her name, but that they will sue her if it goes into default. So, in summary, what is the Heloc banks obligation with regards to releasing the lein if they incorrectly applied to wrong property? Also, what is my mother's obligation to pay the Heloc if her name does not show up on the Heloc? Thanks in advance.
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