QUESTION
How can I STOP THE SALE of the house if my name is not on the title?
Asked on Mar 28th, 2013 on Foreclosures - Arkansas
More details to this question:
I am living in the house I grew up in. Both my parents are deceased. My dad was the last one to die with no will.
10 ANSWERS
David M. Axinn
You need to sit down with an attorney asap. You may be able to become administrator of your father's estate, which would give you some legal authority, and then either negotiate with the bank, or perhaps file a Chapter 13 Bankruptcy Petition.
Answered on Apr 01st, 2013 at 7:57 PM
I need to know how the house is titled in order to fully answer the question. Other than that, you could file a lawsuit and seek an injunction.
Answered on Apr 01st, 2013 at 2:05 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Was HE in title? If so, you need to go through some type or probate. In Washington real estate vests upon death so you have a sufficient interest to file a Chapter 13 to stop the foreclosure but there are a myriad of problems that need to be solved.
Answered on Apr 01st, 2013 at 1:23 AM
You need to open a probate "real quick."
Answered on Apr 01st, 2013 at 12:36 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If your father died without a will, you might be the real (or perhaps 'equitable') owner of the house. But it's not clear who is forcing the sale. If it is a foreclosure on a mortgage which is in arrears, you might not be able to fight it but find a lawyer skilled in foreclosures and give him or her all the particulars. If there is an Administrator of the Estate who is making the sale, you should talk to him or her, and perhaps find your own lawyer to try to stop the sale.
Answered on Apr 01st, 2013 at 12:19 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Bring the debt current. Also work with the appropriate person to deal with the title issue.
Answered on Apr 01st, 2013 at 12:00 AM
You need to file a petition in the probate court to administer your father's estate. You can file a probate proceeding without a will. The court will appoint you as the administrator of the estate (or "personal representative"), which will give you standing to do whatever needs to be done to stop the foreclosure sale. At the end of the probate case, the court will transfer title to the property to your father's heir(s) (you and any siblings). You don't say when the trustee's sale is set, but obviously, you have to get started with this right away.
Answered on Mar 31st, 2013 at 10:56 PM
There is a way but you need a lawyer for that.
Answered on Mar 31st, 2013 at 9:21 PM
David John Tybor
I presume that after your parents died the house was never transferred to your name. Depending on how far the foreclosure process you have several options. If the foreclosure has not yet scheduled a sale date, you can have the probate court determine that it is your homestead, and then work with the creditor for a modification or loan mitigation. If the sale is imminent, you could file a Chapter 13 to stop the sale if you are listed in any capacity in the summary judgment ordering the sale. I would recommend that you speak with an attorney who can gather more factual information from you to design a course of action that benefits you the most.
Answered on Mar 31st, 2013 at 8:58 PM
General Practice Attorney serving Arkadelphia, AR
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Arnold, Batson, Turner & Turner, P.A.
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If the house was mortgaged y your parent(s), then the lender may still have a claim against the collateral. You should consult with a lawyer to determine your legal options.
Answered on Mar 31st, 2013 at 8:54 PM