Legal Question in Real Estate Law in Georgia

My father put me on the deed to our as tennants in common with rights of survivorship. When he died, the deed went into my name. He did not however add me to the mortgage. when he passed away the lender would not speak with me about anything pertaining to the mortgage of the property even though I was always authorized as a representative. I continued to pay the mortgage because I could not assume it on my own as I had no credit. The lender has raised the house payments over that period of 2 years by about 150 dollars a month even though this was a fixed rate mortgage, and I was not able to even ask why. Now after 2 years I have lost my job and unable to make the mortgage payment without loan modification as they are required to work with homeowners in similar situations to avoid foreclosure which the lender is not going to do since I am not on the mortgage. My question is: if the loan forecloses on me, will they be able to sell my house or do I have rights?

Asked on 2/27/13, 6:43 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office

You are LONG overdue to see a lawyer. That should have been done a few years ago. See one now, as in IMMEDIATELY. Treat this as an extreme emergency and don't wait for the bank to foreclose and evict you.

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Answered on 2/27/13, 7:08 am

Scott Riddle Law Office of Scott B. Riddle, LLC

They are not "required" to work with homeowners in similar situations as, based on your post, you are not the borrower or their client. They could have taken action to foreclose long before now.

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Answered on 2/27/13, 11:43 am

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