QUESTION

Why is the mortgage company suing me for the home that was court ordered into a trust for my daughter after her mother died?

Asked on Sep 08th, 2012 on Residential Real Estate - Nevada
More details to this question:
My daughter was court ordered the home that her mother, my exwife, owned when she died. The daughter from from the mothers first marriage, my daughters half sister, created a fraudulant trust and secured the property in her name after the mothers death. The court found her guilty of fraud and ordered the home into a trust for the minor daughter. The origianal loan was paid off by the older sister and the mortgage was placed in her and her husbands name. Now the mortgage company is suing me, which I believe they need to sue the sister because they gave her the loan on the fake trust. Does that make sense?l
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1 ANSWER

R. Christopher Reade
Short Answer: No, it does not necessarily make sense.  The closest which I can ascertain from the facts which you have stated is that the Lender believes that there is an effective mortgage/deed of trust on the property for which the Lender is attempting to assert its rights.  However you should have counsel review the lawsuit immediately to make sure that your rights and those of your daughter are protected.
Answered on Sep 10th, 2012 at 12:43 PM

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