Legal Question in Real Estate Law in California
the home I reside in is going into foreclosure the owner died which is my husbands mother, I can't find the mortgage papers and need information about the loan because I believe his mother was frauded by a lender how can I get this information before I lose the home and become homeless I have original papers from when the house was first paid off will that help? The mother was also on social security and was elderly I don't understand how they could keep giving her loans when she was on a fixed income and taking care of her granddaughter and her children, and her own children who didn't work or not able to work.
4 Answers from Attorneys
This sounds like you may be right that there was predatory lending involved and maybe elder financial abuse. Unfortunately you have no standing to do anything. Someone needs to open a probate and petition to be executor of your mother-in-law's estate. Only then will anyone have authority to do anything with or about the lender.
I agree with Mr. McCormick, and would add that if you can establish that you were a bona fide tenant with a lease, you probably have some rights under the Protecting Tenants at Foreclosure Act (look it up on Google), but if you were merely a guest without a lease your rights are very limited. Your best approach is probably going to be a probate proceeding, since taking any kind of legal action against fraudsters will require a person with "legal standing" to initiate any lawsuit, and hence, any attempt to get a foreclosure sale restrained by a TRO or injunction. You should see a local lawyer with copies of your question and the answers you receive, and ask about legal standing, who may probate the decedent's estate, and injunctions against foreclosure.
I agree with the above answers where are you located?
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