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I need some advice! Not sure if I am in the right place.

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tamtam1

Junior Member
What is the name of your state? TX

My step dad signed over POA to me on my parents property, however there was a loan taken out in my brother's name on the house. My dad has since passed away and the Property with the POA is in my name and my brother is not making the loan payments on the house on time and we have had several letters of forclosure. My mom is still living there and I just don't know what to do. I am wanting to just have him sign over the loan to me so my mom doesn't have to worry. My other brother thinks the property was split 3 ways but there is no will. My dad gave me POA over it all after troubles in the past with my brothers but I don't know anything about what it is. Now we just have this great big mess....Help Me Please!
Any advice would help!
 


Dandy Don

Senior Member
What would the house sell for if it was sold soon, and what is the balance of the outstanding mortage?

Decide right now if someone is willing to continue making the monthly payments to continue living there or not. If no one can afford to make the payments, the mortgage company will take it over and sell it to someone else. Do you know if you even have enough equity in the home to be paid a portion of the profits if it sells?

If you give up the home, nothing will need to be done on probate.
 

BlondiePB

Senior Member
But how does your brother have a loan on someone else's home? Is it a mortgage? :confused: :confused: :confused:
How did the OP, who was the POA, get the home in his/her name?. There's a surviving spouse here, no mention of how the deed was titled prior to the father passing, and TX is a community property state. There's a lot of "fishy" things going on here. :eek:
 

tranquility

Senior Member
My step dad signed over POA to me on my parents property, however there was a loan taken out in my brother's name on the house.
OK. I don't see how it happened, but OK. The bank usually wants to control the property when it loans out money on a property. Without the signature of all the owners, that isn't possible. Did step-dad sign?

My dad has since passed away and the Property with the POA is in my name and my brother is not making the loan payments on the house on time and we have had several letters of forclosure. My mom is still living there and I just don't know what to do.
If by dad, you mean step-dad, your power of attorney died with him. You no longer have any say in the property or through the power of attorney on step dad's death. Mom could pay the amount, but, like above, did mom sign on to the mortgage? Who owns the house?

I am wanting to just have him sign over the loan to me so my mom doesn't have to worry.
A loan is different from the ownership. You can always pay the loan. It will not transfer ownership to you. I ask again, who owns the house?

My other brother thinks the property was split 3 ways but there is no will.
What was is not what is. When the property was mortgaged, who owned the house? Did the other owners sign off on the mortgage? Texas intestate succession does not have a married man's property go exclusively to the children.

My dad gave me POA over it all after troubles in the past with my brothers but I don't know anything about what it is. Now we just have this great big mess....Help Me Please!
The POA is nothing, nada, zip. It has no meaning whatsoever.

Any advice would help!
SEE AN ATTORNEY!
 

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