Legal Question in Real Estate Law in California

What do I do? CitiMortgage has a second on my house. The loan was only in my husband's name. He died 2 1/2 yrs ago. Since then I have sent CitiMortgage proof of his death, and recently other paper work they requested. I filed for Chap 7 and it was discharged in August leaving me with the house. The first is held by IndyMac Mortgage, who has negotiated a forbearance with me due to the fact that I lost my job in April 2011. CitiMorgage will not give me details needed to bring the account up to date, nor negotiate with me, since the loan is not in my name. They will not put the loan in my name until the balance is up to date. The house has been put into foreclosure with a due date of Dec 18, 2011, and I contacted the Western Reconveyance to ask about the amount to bring it up to date and stop the foreclosure. They would not give me the information, but did say they would send it within 5 to 7 business days. As of Dec. 26, 2011, I have not received the information, and have received a notice, posted to my front door of the sale of my house on Jan 10, 2012. I am beside myself. It seems that CitiMortgage just wants to take my house. What can I do? I donot have money to pay for a lawyer. Please help.


Asked on 12/27/11, 7:58 am

1 Answer from Attorneys

I am sorry for your loss. Unfortunately it sounds like you never probated your husband's estate. Otherwise this would have to have been dealt with long ago and the loans would be in your name. At this point you have no hope unless you hire a lawyer immediately. There is nothing you can do without getting into court in the next few days.

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Answered on 12/27/11, 10:41 am


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