home equity loan in california

[hop2it1960]

I live in southern california and in 2008 my mom passed away. she didn't have a will so i had to fight my sister and my moms husband in probate court. The house was signed over to me by the courts and now i find out that they have a 40,000.00 loan against my house and the bank won't give me any information in regards to the loan even though i own the house. WHAT DO I DO ????? TO KEEP MY HOME. I have received two letters this week that state my home in in pre-foreclosure

 

[justalayman]

through the probate actions, were you given the home subject to liens?

What info are you seeking from the lender?
Who is controlling your mothers estate?

 

[hop2it1960]

According to the courts and the settlement agreement there was no mention of this lien. In what was approved by the judge. I signed over property that i owned free and clear for my moms house. Because..... I promised her that he wouldn't get it. When i was here caring of her.(this was the place i wan't to be) her last wishes to me were "she wanted to be at home" while she was in her third fight with breast cancer- but this time the cancer won. And i lost my best friend that day. And still today i still fighting that man(her husband). Probate is over and my sister was the one who signed the house over to me as per the courts.

 

[Isis1]

According to the courts and the settlement agreement there was no mention of this lien. In what was approved by the judge. I signed over property that i owned free and clear for my moms house. Because..... I promised her that he wouldn't get it. When i was here caring of her.(this was the place i wan't to be) her last wishes to me were "she wanted to be at home" while she was in her third fight with breast cancer- but this time the cancer won. And i lost my best friend that day. And still today i still fighting that man(her husband). Probate is over and my sister was the one who signed the house over to me as per the courts.

if there was a lein on the home prior to the home being signed over to you, you may be obligated to pay the lein. have you shown them the title with only your name on it?

 

[nextwife]

if there was a lein on the home prior to the home being signed over to you, you may be obligated to pay the lein. have you shown them the title with only your name on it?

I suspect she is confusing the vesting deed with the title. No doubt the deed has only her name on it.. I agree that she's stuck with the lien if open when the collateral was transferred to her. My suggestion would be to refi the current loan off and have a loan she has more control over. The probate attorney or PR should have the legal right to correspond with the lender to get a payoff and a payment coupon and reinstatement payoff..

 

[Isis1]

I suspect she is confusing the vesting deed with the title. No doubt the deed has only her name on it.. I agree that she's stuck with the lien if open when the collateral was transferred to her. My suggestion would be to refi the current loan off and have a loan she has more control over. The probate attorney or PR should have the legal right to correspond with the lender to get a payoff and a payment coupon and reinstatement payoff..

should she consider suing dad and sister for the loan amount AFTER all this is done?

 

[nextwife]

I know that waiting will likely cost her the house.

Regardless of whatever shennanagans may or may not have occurred (why did she not get a title report on the house first?) the lender is entitled to their payments, and the mortgage NEEDS to be brought current asap or paid off else there is nothing to fight over and the house will be gone. We don't know enough about this complicated probate to know if the estate had any responsibility to make the house debt free or not. - she needs to talk to any attorney