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Updated about 5 years ago on . Most recent reply

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Bob Malecki#5 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
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Help w/matured 1st note with deceased borrower and heir occupant

Bob Malecki#5 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
Posted

I'm doing my DD on a 1st position note on a home in GA. This was a 15 year note that matured in 2015. The borrower is deceased and from what I can decipher a relative is living in the home and states she has ownership via probate. There has been no payment since 2016. 

The loan was originated in 2000 with husband/wife as borrowers. Husband died in 2005. Wife remarried and quitclaim deed filed in 2009 from wife to new husband & wife.

A QDC was filed in 2010 from from above spouses to same spouses + new person with same last name, maybe a brother of new husband or son. 

A QCD was then recorded in 2013 from new husband and new person with same last name to daughter with same last name. No evidence of old wife named on deed, no indication of death either. 

Servicing notes indicate that daughter claims rights to the property via probate and that 2013 QCD. 

So it appears that the borrowers on the note and mortgage are deceased and granddaughter-in-law is occupying the property with no payments made. We intend to foreclose on the property, but I'm posting here to see if anyone has any thoughts on downsides or blindsides that I'm not considering on this action, or if the person living in the property has any ownership rights from probate?

Any insights are much appreciated. 

Most Popular Reply

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Don Konipol
#1 Innovative Strategies Contributor
  • Lender
  • The Woodlands, TX
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Don Konipol
#1 Innovative Strategies Contributor
  • Lender
  • The Woodlands, TX
Replied

@Bob Malecki

You know Bob that the laws, rules and regulations regarding probate, foreclosure notification and inheritance are all state specific. We had a screwed up probate issue in Dallas that led me to conclude that the worst thing you can to is not act. Better to act with confidence, even if issues result often people who pay nothing for something won’t pay an attorney to fight its loss. Good luck!

  • Don Konipol
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Private Mortgage Financing Partners, LLC

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