Legal Question in Real Estate Law in Georgia
In 2012, my mother passed and left me her home in her will. I am the only heir to her estate, however I'm not the executor of the estate. Before she passed, she filed bankruptcy. The home and other debts were discharged. The bank would not allow me to take over or have the loan modified. The bank took my money for fifteen months and didn't show where it was applied to the loan. Now they have foreclosed on my home and giving me a time frame to move.
Question: What are my rights to my property because no one seems to know? Also, what can I do to get this to a court of law to be heard.
2 Answers from Attorneys
When the lender foreclosed, they (or the purchaser at the sale) owned the house and you have no rights. I am not sure what you want to be hear in Court. Sure, they would take payments for a while, before they declared a default and gave notice of foreclosure. That would have been time to try to get your own loan.
It's too bad that you waited until it was too late to ask. Since she discharged the debt in bankruptcy, the home could only be retained if ALL payments, including late fees, were paid on time. Loans are almost never assumable (read her deed to secure debt), and since you weren't on the loan, you wasted your time seeking modification. Now you get to move. The only way you need a lawyer is if, at the time of the foreclosure, you had the loan COMPLETELY current, and even there you needed a lawyer DURING the foreclosure. Your rights to the property are non-existant, and if you stay much longer, your belongings will be put in the street.
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