Private mortgage holder disappeared

[Deedle]

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

 

[justalayman]

does he have a stage act or is he a street magician?

don't preview your post. The preview post button is a delete button in disguise.

 

[Deedle]

I did not know that the "preview" button made my message disappear....

My husband and I have a mortgage on our property through a private individual. The last time we had contact was about 5 yrs ago, when they got notified of delinquent property taxes. They came up to visit and found that my husband was disabled and we were unable to make our mortgage payments of $1,000/mo. We were told "not to worry about it" and that there would be no pressure or foreclosure in the future.

I have paid off all of the delinquent taxes, as well as keeping current on the yearly tax roles. I tried to e-mail them, but it was not deliverable. I have tried calling the phone numbers we have, but they have been disconnected. This person is elderly, probably in their mid to late 80's. I know that the rest of their assets were put into a trust, but the mortgage with us was excluded from that trust.

My husband is receiving medical treatment through Medicare, and a lien will be filed against the property upon his death to recoup the government's costs. Since we do not have clear title to the property, I do not know how it could be sold to satisfy the lien.

If the mortgage holder is deceased, how can I possibly get title to the property? Squatter's rights do not apply in this case, as it has never been an adversarial relationship. We have had permission to not pay on our debt. I do not know how to determine if the mortgage holder is still alive, has moved, or is in a nursing home. I only have a name and phone numbers for this individual, and none of them are active.

Any suggestions or advice would be truly appreciated.

 

[justalayman]

first, what state is this in? It can make a difference.

but generally speaking;

If the mortgage holder is deceased, how can I possibly get title to the property?

his estate and eventually his heirs step into his place. Your contract continues even if the original mortgagee would die.

We have had permission to not pay on our debt

unless you have something in writing to show it was discharged, forgiven, or anything else that amounts to you not having to pay it, you still owe it along with the interest accumulating. Somebody can enforce the mortgage whenever they want from what I see.

I would suggest starting a search for the guy. You might want to check the death records for his state or with the social security office.

 

[STEPHAN]

Have you tried sending a letter?

 

[Deedle]

I am in California. I finally contacted someone else who knows our mortgage holder, and was told they were most likely in a nursing home. I tried calling the contact number given to me, but have not received a response yet. Hopefully that person will be able to help me find out what has happened, as the mortgage holder is now 89 or so. I will continue to search for information about them. Otherwise, I guess I will need to wait and see who "inherits" the mortgage and make arrangements with them at that time.

Since we have nothing in writing, I have been ready to leave this place if necessary and go wherever I can find a place to live. I have never been comfortable with the "verbal" agreement, and am well aware that if there is no written contract of forgiveness of debt, the property will and can be acquired by whomever the mortgage holder's will determines.

Thank you all for your suggestions. I will continue to try to find out where to reach the original mortgage holder. Failing that, I will prepare myself and my possessions for departure from this property.