Jump to content

Looking for advice for my mother in law.


tropicaljo
 Share

Recommended Posts

Okay, I am trying to find some advice for my mother-in-law. A little over a year ago, my father-in-law died in a house fire. MIL and FIL were separated but not divorced. Together, they held titles to her house and his house. There are balances on both houses, but I want to focus on the issues related to his house, which was insured when it burned. It is totally uninhabitable. Also, when he died he left his estate in such a mess that it is still being held up in probate. On his mortgage, there were 3 creditors listed. H&R Block Mortgage, Countrywide, and BofA…

Now, shortly after FIL died, the insurance company tried to settle the mortgage with Bofa for the balance on FIL’s house, which at that time was around $63,000. All BofA had to do was respond to the insurance company and show that Countrywide and H&R Block were off the title. BofA refused the talk to anyone, not the insurance company, not my MIL and not the probate attorney. They wouldn’t talk to MIL because she wasn’t the primary signer on the contract, tho she WAS named on the contract. Within 2 months after FIL died, BofA tried to foreclose one the property, tho they were informed that FIL was dead and his estate was in probate…

Eventually, the probate attorney put a stop to the foreclosure, but apparently the issue of paying it off was put on everyone’s back burner until now. Now an additional year of payments have accrued, plus interest, late fees, and annual insurance and property taxes have been added to the account, plus, apparently, BofA had to hire an attorney to try to sort this mess out… (WHAT?) So now BofA wants an additional $12K to settle the account.

Does this smell like an attempt to “bleed” a dead man’s estate, or am I just seeing things? Is there someone we need to talk to that could help us get this resolved?

Link to comment
Share on other sites

Advice for my mother-in-law. My father-in-law died.

Two houses both on title each.

His house, which was insured when it burned

It is totally uninhabitable.

1st 2nd and 3rd Mortgage. H&R Blk and BoA two loans (formally Countrywide)

The insurance company tried to settle the mortgage with Bofa.

I am trying to understand your situation, with the bit and pieces your providing, need more information for your MIL.

Lets break it down....

Countrywide was taken over by bank of America a few years ago, you talking about two loans with BoA.

It appears your FIL had a 1st, 2nd, and 3rd mortgage. The lender who holds the 1st mortgage is first in line to the title. Chances are since the house is destroyed, they got paid by the insurance company. The two note holders for the 2nd & 3rd loans, they probably got nothing, because they are behind the 1st mortgage in 2nd and 3rd position. If they hear or find out any information about your FIL estate, they are going to be first in line to get as mush as possible...

I do not understand what your asking about BoA trying to respond to the insurance company and show that Countrywide and H&R Block were off the title? Many times the lender in first position will settle other lien holders, so there is a free and clear title. Allowing them full control of the property.

BofA refused the talk to anyone, not the insurance company, not my MIL and not the probate attorney. I find that hard to believe, I have no problem speaking to banks, after I send/fax a signed authorization to release information. Specifically BoA, I have talked to their talk customer service many times after paperwork is on file designating me as a mitigator..

They wouldn’t talk to MIL because she wasn’t the primary signer on the contract, tho she WAS named on the contract. In this situation - your MIL needs to forward two things - 1st your MIL death certificate, and 2nd a copy of the deed showing her part owner.

Within 2 months after FIL died, BofA tried to foreclose one the property, tho they were informed that FIL was dead and his estate was in probate.

BoA wanting additional money to settle the account. Until the loan is closes, they will try and get as mush as they can. Other than the money that is currently with the probate attorney, she doesn't have to say anything more. Again the bank will try and get as much as possible to satisfy the account. You after words - she needs to be careful about how much information she or her attorney releases.

I'd like to help you - on paper suggest for you to get organized chronologically, everything that needs to be addressed. Then you have something to keep your focused and something to reference when you ask questions here.

There are a lot of good people here in this forum that can advise what you need to do to protect your MIL.

Edited by 2ndTimeAround
Link to comment
Share on other sites

I know, I know... the information I provided is sketchy. As I said, my FIL's estate was a total mess. The probate attorney pulled his credit reports and found many outstanding debts that he had wracked up the last few years of his life. I forgot to mention that he was battling throat cancer when he died so had not paid a great deal of attention to his finances.

I have not been privey to all the information revolving around this mess, and it is even more confusing when it comes to me in bits and pieces. DH was so upset last night when he came home from his Mom's and I'm sure that didn't help with the translation of the information his Mom had given him. I just figured if I posted what I know of the problems here then someone would at least have some idea on where/how to start sorting this out so Mom doesn't get totally screwed when this is all done and over.

2ndTimeAround, I appreciate it that you at least gave me a place to start... getting Mom to write out a chronology of events will surely help resolve some of the confusion, and at the very least, it'll give her something to do so she doesn't feel quite so helpless or useless.

Link to comment
Share on other sites

Really, Mom would just like to end up with the title to her house in her name (not expecting it to be paid off) and to not end up owing the probate attorney for settling this mess. The thing is that it has dragged out for sooo long and she's just sick of having to try to put it all behind her so she can get on with her own life.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.