Need more help

What is the name of your state?What is the name of your state? Florida

Hi again, I want to thank Jetx and Meursault for there help. Thanks a lot....


Now I made a mortage payment to my mother loan company last month, I made the payment on the 4th and they did not cash the check so on the 25th of May I called the loan company and they said that the mortage payment was already made, but would not tell me who made the payment, so I ask why didn't they take my check the only answer they gave was that the mortage does not need to be paid. And that they mailed me back my check on 21 of May, but when I got the check back it was stamp as being mailed out on the 27. Why would they lie. Thats two lie in one phone call that they gave me. I also mail a check out on the 1st of June for this month payment, just to see if they will take it or not, sholud I keep sending them my mother mortage payments or not, even if they keep returning them to me?? I also checked the probate court and there has been no papers filed. I know I been told to get my own probate lawyer, can anyone give me a ball park figure on much one will cost. Any help will be great.

Thanks Mary

How much money in mortgage payments did your mother make already (what is her equity worth) and how much is still due and payable on this mortgage?
Does your mother have other assets and did she leave a last will and testament?

Mortgage company may have been lying when they said the payment was already made by someone else (if payments are in default continuously for a certain period of time, they can foreclose on the home and they may be trying to do that so they can try to shut you out of your interest in it and possibly try to resell to someone else). What you need to be politely asking them is exactly who made the payment and what date was the payment made on. If they won't give you that information then be very careful about how you proceed. You then need to ask them if you can discuss taking up the monthly payments officially yourself if they are willing to cooperate with you.

If they still won't give you information officially, then get a probate attorney, and you need to ask them what their rates are so you can comparison shop to get the best rate. If you want to have the right to continue living in the home or asking the mortgage company to sell it, you need an attorney's help to protect your rights.

Keep all of the envelopes you get from the mortgage company of their returned checks to you, and if you send any payments to them in the future, use certified mail so you will have receipt that proves you made the effort. It might be necessary to have this proof later on if they try to say falsely that you did not make payments on time.

Danny Don There was no will

Florida

The house is worth around $75,000 with $11,000 in mortage. The payment is only $116.00 a month. I asked if I could make the payments and they said yes that was fine. Since they sent back my check last month I mailed them another payment for this month. I kept the enevlope where they sent me back my payment. I called the loan company and asked them who made the payment last month, they said they could not tell me and would not tell me. I called my sister that helped me take care of our mother, and she really let me have it, I guess that the loan company told her that I sent in another payment this month. She asked why was I making the mortage payment. We agreed to make the payments, me one month and her one month.

I got a letter the other day wanting me to sign off so my sister could be the excutor of the estate, So I call my sister and she said that if I don't sign off I would not get nothing. I asked her why can't we both be the excutor, she said that her lawyer said that it would only mess up things and make it longer in probate. There was no will. Our mother passed away before she got to sign it. I wrote on for her, she wanted me, my sister, and bother to share the house. My bother don't want nothing to do with the house, so that just leaves us two. But there are 6 other kids. They don't want to make the house payments but want the money when the house is sold.
I asked my sister to make up a paper saying that I would get my half, and get it a notary to stamp it. and her reply was no. Her lawyer told her not to do it. That it will just slow things down, She said that I should just trust her. And I will get my share like our mother wanted. But I'm not sure about that.

Thank You Danny Don
Mary

Either tell your sister to meet you in court and you'll let the judge decide who will be executor or find an estate attorney versed in Real Estate to file a joint Executor Petition and Partition for Sale.

DO NOT SIGN ANYTHING.

Sign off and let sis be executor--it's much quicker and easier when there is one person making decisions.