Legal Question in Real Estate Law in Connecticut

I co-signed for a 2nd Mortgage for my mother in the amount of $40,000 about 3 years ago with Citi. My mother passed away a little over a year ago. The house was willed to my older sister ( also executor) There is still a 1st Mortgage in the amount of 60,000 owed through different company. My Sister and our elderly disabled uncle live in the house. I fell behind on 2nd mortgage ( I have my own home with a mortgage) with Citi in the amount of $1,800, Citi took it upon themselves to pay $5,000 property tax ( my sister pays every year) and said they are going g to foreclose on my sister's home. My Question: Can Citi Put my Sister and uncle out of their home? This money is my responsibility, my mother is passed, I'm so worried & I'm trying g to come up with money owed, I live pay check to pay check. The house is in Brookfield CT. I live in Danbury CT.. can you give be any advice? Thank you so much, Val Kopko


Asked on 3/28/14, 7:13 am

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

They can foreclose on the property. There is probably a clause in the mortgage that allows you to reinstate the mortgage if you can come up with the back money, but there's also probably a clause that says if you mother no longer owns the house, the mortgage is due. Your best bet is to come up with the back money and reinstate the mortgage (and keep your mouth shut about Mom having passed). Why doesn't Sis come up with some money? She could be out on the street.

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Answered on 3/28/14, 7:26 am


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