My mother died without a will and I filed to become Executive of her estate . After becoming the Executor of the estate, I filed for bankruptcy in Federal Court in an attempt to try and save my mother's house. I cashed a bad check on my mother's estate account and I was subsequently removed as the Executor of the estate. The court appointed a Successor PR for the estate. In accordance with the law the Successor PR moved to have the house go up for public auction on April 01,2016 at 11:20 in front of the Country court house in my home state of Maryland. After working feverishly to obtain the delinquent mortgage payments before April 01, 2016 11:20 am , I received a letter from the collection agency that my mother's loan ( mortgage ) was paid off in full and the public auction had been cancelled seven days prior to April 01, 2016. I have the funds to pay all unpaid mortgage payments and I have had them since March 26, 2016 I am now receiving notices from the court on behalf of a LLC that I wrongfully possess my family's home of 22 years. My question for you is what can I do to legally obtain the property in question.
1 Answer from Attorneys
If someone else bought the property (such as an LLC) the only way to "legally obtain" the property is by buying it from the current owner (if the owner wants to sell). If there was a mortgage in arrears the property could not have been sold by the estate without paying off the mortgage or getting short sale approval from the lender.
Since it is not entirely clear what happened with the mortgage and auction, it may be helpful to look up the court and land records to see whether the property was sold through foreclosure auction or otherwise sold through the estate. Either way, the heirs / legatees would be entitled to whatever share of the estate they were given by will or intestate succession after estate expenses were paid.
While this post doesn't offer any legal advice on your unique situation, I hope this general legal information helps.