Sibling having a sheriff sale (behind our back)

[sondog71]

What is the name of your state (only U.S. law)? Indiana

My father's estate is in the process of closure and the settlement is likely in a few weeks. My sister (from what I know) is getting the house she currently resides in as part of her settlement. She has arranged a sheriff sale on the property set for 10/14/14, which is before the settlement. She has kept this news from us and does not yet know that we are aware of it. I'm really not sure what to expect.

My concerns are:
*Will this foreclosure fall back on my deceased father name and the estate?
*Will this have any effect on the other siblings and I? Will we be held accountable at all for this action?
*If so, is there any action I can take to protect us?

It just seems like an unusual situation and not sure if disclosing this information to the estate attorney is a good idea.

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

My father's estate is in the process of closure and the settlement is likely in a few weeks. My sister (from what I know) is getting the house she currently resides in as part of her settlement. She has arranged a sheriff sale on the property set for 10/14/14, which is before the settlement. She has kept this news from us and does not yet know that we are aware of it. I'm really not sure what to expect.

My concerns are:
*Will this foreclosure fall back on my deceased father name and the estate?
*Will this have any effect on the other siblings and I? Will we be held accountable at all for this action?
*If so, is there any action I can take to protect us?

It just seems like an unusual situation and not sure if disclosing this information to the estate attorney is a good idea.

Thanks

Why do you believe that her arranging a sheriff's sale is a foreclosure? Do you know whether or not the deed has been transferred to her personally? She cannot arrange a sale of something she does not own.

 

[TigerD]

Sharing information isn't likely to hurt.
If you really want the house, you can bid on it. Houses at auction such as that tend to sell low.

DC

 

[sondog71]

She was very delinquent with the property. My father had to do a Quick Claim Deed on the house. Once he passed away, the deed went directly to her. The mortgage, however, is still in his name.

None of us want the property, the concern is that she doing the sheriff sale before the settlement occurs.

The sale is a Tax Sale from what I was told. So the bank will purchase the property and then it will go into foreclosure (this is what I'm being told). Like I said the mortgage is still in his name and was to be paid off with part of her inheritance.

 

[LdiJ]

She was very delinquent with the property. My father had to do a Quick Claim Deed on the house. Once he passed away, the deed went directly to her. The mortgage, however, is still in his name.

None of us want the property, the concern is that she doing the sheriff sale before the settlement occurs.

The sale is a Tax Sale from what I was told. So the bank will purchase the property and then it will go into foreclosure (this is what I'm being told). Like I said the mortgage is still in his name and was to be paid off with part of her inheritance.

I am confused. Does she want the home or not?

She has not "arranged" a sheriff's sale. The house is in the sheriff's sale due to failure to pay taxes. Since the mortgage is in dad's name the executor of the estate needs to be informed, as does the probate attorney. However, the house deed apparently is in her name so she is free to do as she chooses about the house. However, perhaps the reason why she is losing the house is because the estate hasn't been settled, and no funds have been distributed?

 

[sondog71]

She doesn't want the house, she wants to get rid of it. So she fell into this situation and it's not an action she did on her own?...interesting. She is keeping it a secret is all I know. (I don't know anything about this stuff.. man, this is all new to me)

Her mortgage payment is next to nothing and she has a good job. There is no logical reason for her not to keep up while we deal with dad's estate. I don't know why she is in this situation.