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Foreclosure by the heirs

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santekimes

Junior Member
What is the name of your state? North Carolina

Hi,
I had a deed of trust with my sister and brother-in-law.
It was dated in April of 1996 and became due in April of 1997.
In early 1997 I work out an agreement with my sister and her husband that I would pay them until the debt was paid.
They both died in 2003 from cancer, the remainder on the balance of my loan is $3,600.
My brother-in-law's children from a previous marriage found some of the old paperwork in his house and are now trying to foreclose on my house, saying it is in default from the previous agreement.
They are also trying to foreclose on the original money borrowed which was around $45,000, plus the interest.
My brother-in-law and his wife left no will or papers concerning my loan.
The only paperwrok I can find is the last receipt he gave me which shows the remaining balance and a letter he wrote to me a few months before he died which reads how much is still owed.

Does his children have a right to do this.
How is the balance of my loan looked at in the eyes of the law?
 


K

krispenstpeter

Guest
Does his children have a right to do this.
Yes

How is the balance of my loan looked at in the eyes of the law?
As a debt owed to the estate.

Your best alternative is to submit the last receipt and letter to a Real Estate attorney and let him/her draft a letter to the executor of the estate.

If nothing else, refinance the house for the debt owed and pay it off.
 

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