Legal Question in Credit and Debt Law in California

probate

My father holds full title on a property that my deseased brother mortgaged. He only is on the mortgage and not on title, so the bank said we need to get a judge order for my brother estate in order to communicate and try to salvage or negotiate with the mortgage.

Is this necessary since my brother has no assest? To please the bank should i get something from the courts anyhow.


Asked on 4/20/09, 9:30 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: probate

You'd need the authority from the court to negotiate on the loan, as your brother is the only one on the note. I have a lot of clients in this situation, and have not found an easier way around it, so if you're wanting to keep the house, and need to work with the bank, you'll need to file probate for his estate.

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Answered on 4/21/09, 1:48 pm


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