Legal Question in Real Estate Law in California

What personal liability do you have as a trustee on a reverse mortgage for your elderly parent that is currently in a nursing facility? The lender is requiring per the contract to either allow a foreclosure to go through on the property or go through the deed in lieu of foreclosure process.

Thank you

Jim


Asked on 9/07/10, 4:12 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Jim, it's not likely that you are the trustee on the reverse mortgage. It is more likely that you are the trustee of your parent's trust which owns the property burdened with a reverse mortgage. You need to review with an attorney in your area the loan documents, as well as the possible legal and financial effect of foreclosure and/or deed-in-lieu. Unfortunately, without reviewing the specifics of your particular situation, it's really difficult for anyone to give a general answer that is going to be correct for you. Good luck - if you need a referral in your area, contact the County Bar Association for the county in which the property is located.

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Answered on 9/13/10, 9:25 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Gibbs. There is some confusion in your post.

If your parent executed a reverse mortgage, the lender cannot foreclose during their lifetime. If that is the case, and the lender is threatening foreclosure, you need to speak to an attorney as soon as possible.

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Answered on 9/15/10, 2:07 pm


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