a reply to:
Kevinquisitor
There is a place in Atlanta, called Home Safe, that is offering free help to pay mortgages if you lost your job. You could call and ask them if they
have help in your locality.
Contact a bankruptcy or probate, or property attorney. Who actually owns the house right now? If the house is being tied up in the courts due to
wills, and probate, the mortgage company can't do anything until that's decided.
If your parents were on Medicare or Medicaid, the government WILL take monies back from what is in their estate to repay the Feds. This is fact, so
you may end up out of the house, anyway.
One way to combat this is, short sale the house if it is worth more than the Feds are owed, which most homes are. The Feds, otherwise, will take the
house, sale it for whatever they feel is due, and if they get more, they will most certainly not give you back any overage. Trust me on this, and beat
them to the punch. If the house belongs to all of the siblings, again, a short sale, and divide the cash is likely the best answer.
Once a home goes into foreclosure, technically speaking, you only have 90 days for the foreclosure to complete, and the default to be final. Do not
drag your feet on this. Once it reaches the foreclosure state, you cannot short sale the home.
Also, once a home is foreclosed nowadays, it takes the bank anywhere from 6 months to a year to actually evict, in MOST cases. Banks are overwhelmed,
still, with foreclosure properties. They move quickly on the paperwork, but not so fast on the take back or maintenance or resale of the actual
property.
If there are no back taxes, and your parents were not on Medicare or Medicaid, hence owed Uncle Sam nothing, the only remaining question will be, what
about when they died? Did they have substantial medical bills? If the home was transferred in title to one of you kids before their death, you are not
responsible for their debt, therefore the house is clean. You can get a quick title and lean search on the property at the local courthouse to see.
Then, a listing in the paper is all that is needed, declaring that you owe no debt not secured by you. This way, you are clear to short sale. Usually,
the attorney will place the add in the paper, but doing it yourself will save you the money.
In other words, it may be financially better, if they had a lot of debt, to let it go, and concentrate on spending what little monies you can come by
in finding a new place and taking care of yourself. Beware if the home is tied up in probate, or has questionable debt, you may not remove anything
from the home they owned. Not furniture, appliances, televisions, jewelry, nothing. By law, it belongs to the estate, so be cautious.
This is why I said you need to consult an attorney asap, lots of personal stuff you may not wish to disclose.
The questions asked were not meant to be answered in this forum, but for you, personally, to see where you stand.
Good luck, and take care. You have just suffered through the top most stressful events in life in a short time. Take care of yourself.
edit on 5-8-2014 by Libertygal because: (no reason given)