Legal Question in Wills and Trusts in California
My uncle left me his house in his will the bank told me that the will didnt matter and I could not get the house. The bank sold the house, I received no notice or anything. Was this legitimate and can I get the house back?
1 Answer from Attorneys
The bank retains a security interst in the house for the purpose of foreclosure should the payments not be made on a timely and up to date basis; and can commence foreclosure proceedings whether the property was listed in a will or not; and only has to give notice to the last known holder of title, and the estate, if the house was in the probate process, provided the bank was notified of the probate process as a creditor. Getting the house back is probably out of the question if the property has gone through the foreclosure process.