My step dad passed away without ever putting my mothers name on the deed to the house. 7 months before his passing he took out a home equity loan and told the bank my mom was deceased. He did this to hide the debt he incurred. Now she wants to move and sell the house. Does she have to pay the remainder of the loan to the bank? Can she receive any money from the sale of the house? We were told that she is entitled to half, now a lawyer tells us she has no rights to any money. Who's right?
1 Answer from Attorneys
Re: Owner Rights
Unfortunately, if your father refinanced the property it is more than likely that the loan was placed in a first lien hold position. This means that if the loan is not satisfied or paid back the mortgage company could foreclose on the property...please contact my office at your earliest convenience, you have several options.
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, PC