Legal Question in Wills and Trusts in California
My brother took out loans on a house that our mom left to me to live in rent free. Buy if sold the money from it was to be split by all for siblings. Well I was living there and I got served eviction papers, saying he didn't pay the loan, so the house belongs to the mortgage co. how can I stop this eviction until I can get an attorney to fight the sale of the home. The will stated that the house could only be sold if I wasn't living in it.
6 Answers from Attorneys
What the will said is irrelevant if the property was encumbered by a deed of trust to secure an obligation and the obligation was not paid. I suggest you see an attorney as soon as possible to review the matter.
You need to see an attorney immediately. Unless the property was in your brother's name, he shouldn't have been able to get a loan on it. So clearly there is a lot that has not been right going all the way back to when your mother died. There is no way you are going to save your home asking questions on the internet. You need to find an attorney in your area immediately.
Get an attorney immediately but also contact the mortgage company and point out to them that your brother had no legal authority to take out a loan on the house and you request that they do not evict you until it can be determined what happened and whether they have legal title to the property or they should have been aware of his lack of title. Ask for a copy of the title report they got before making the loan, as the title company may be liable. The mortgage company probably will ignore your request, but you should make it. Find out what your other siblings knew about the situation. Any attorney you see will need to know all the claimed facts and the positions of everyone involved.
Get an attorney immediately but also contact the mortgage company and point out to them that your brother had no legal authority to take out a loan on the house and you request that they do not evict you until it can be determined what happened and whether they have legal title to the property or they should have been aware of his lack of title. Ask for a copy of the title report they got before making the loan, as the title company may be liable. The mortgage company probably will ignore your request, but you should make it. Find out what your other siblings knew about the situation. Any attorney you see will need to know all the claimed facts and the positions of everyone involved.
Get an attorney immediately but also contact the mortgage company and point out to them that your brother had no legal authority to take out a loan on the house and you request that they do not evict you until it can be determined what happened and whether they have legal title to the property or they should have been aware of his lack of title. Ask for a copy of the title report they got before making the loan, as the title company may be liable. The mortgage company probably will ignore your request, but you should make it. Find out what your other siblings knew about the situation. Any attorney you see will need to know all the claimed facts and the positions of everyone involved.
I agree with the previous attorneys: you need to consult with an attorney sooner rather than later. From the facts you've included, it appears the real property was part of your mom's estate and that you have a life estate in that property. If you no longer live there or want the property to be sold, then apparently the proceeds are to be equally divided among you and your siblings. What is unclear is how your brother was able to encumber (take a loan out on) the property in the first place. Without know more facts, its possible that your brother may have committed financial elder abuse (if your mother was over 65 at the time of his actions) or may have acted fraudulently in dealing with the loan company, the other estate beneficiaries, and you. All this needs to be discussed with an attorney. Be prepared to bring all relevant documents: your mother's will or trust, a copy of the property deed (if you have one) and all correspondence you've received from the loan company.You can email me at [email protected], if you have any other questions.