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Updated over 9 years ago on . Most recent reply

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107
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19
Votes
Henrietta M.
  • New to Real Estate
  • Ogden
19
Votes |
107
Posts

Sellers' mother died leaving home in her name only... options?

Henrietta M.
  • New to Real Estate
  • Ogden
Posted

Hi, I recently ran into an old friend, whose mother just died. She is a single mother to two kids. Her mother left the bank accounts, post office box and a car with her name. She's the only child and she said she thought her name was on the loan. The bank the loan is through says she's not on it. Anyways, she's in preforeclosure status and needs to sell the home. What are her options????😒 is there another place her name may be located? SHE HAS NO EXECUTOR OF ESTATE OR ANYTHING LIKE THAT.

Thanks in advance

Most Popular Reply

User Stats

31
Posts
14
Votes
John Miller
  • Commercial Real Estate Broker
  • Scottsdale, AZ
14
Votes |
31
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John Miller
  • Commercial Real Estate Broker
  • Scottsdale, AZ
Replied

Henrietta:

 Since your friend's mother died without a will of any kind, my best advise for your friend to hire a estate or probate attorney. Since she is the only child she will receive all of her assets, but it will have to go through  probate court. Let's assume there is equity in the house. If your friend does not have the money for an attorney I think the attorney would take payment after title to  changes to her and the house sells.  I think he also can get the foreclosure process stopped until the probate in the court is settled.

If you just want to find out title of the property and if your friend's name is on the loan. just have title company do a search for her. I believe Utah is a deed of trust state so names of trustors (debtors) will be on documents. Title to the property will show on the title.

Good luck

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