Legal Question in Wills and Trusts in Georgia

Mother left three children a countrywide mortgage

My sister, my brother, and I are now responsible for my mother's house. She died in December 2007 and had taken out a mortgage July 2007. The mortgage is with Countrywide and they will only allow us to make payments and will not tell us anything about the account. The mortgage is higher than what we can rent the house for. She did not have a will, but we are determined not to fight for any part of her estate. Further more my car was in her name, but she gave me the title,what do I do about this part? We want to either sell or rent it out by lowering the mortgage rates. What should we do to not get us oin debt or lose the money we have been paying on the mortgage since her death?


Asked on 4/17/08, 8:34 pm

3 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Re: Mother left three children a countrywide mortgage

I don't know what state the property is located. In NC, the property goes to the heirs as of the time of death. So for instance, if the three children are the only heirs, you would each own 1/3. You should probably speak with an estate administration attorney in the County and State where your mom passed away.

I don't know what interest rate you are paying, etc. but one thing you might be able to do is refinance in your own names and maybe get a lower rate and a different lender. You could also sell the property but you need to speak with an estate administration attorney or at least figure out how to open the estate on your own.

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Answered on 4/18/08, 8:09 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Mother left three children a countrywide mortgage

Since I, a GA attorney got your post, I am assuming the property is in GA. You need to get a lawyer ASAP for two reasons. First, you need a lawyer in the county where the property is located to assist with administration of her estate. (This is the phrase where there is no Will, as opposed Probating a Will, where there is a Will.) Second, and maybe more importantly, Countrywide has recently been charged with doing a whole bunch of things like charging fees they can't justify and the like. GET A LAWYER.

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Answered on 4/19/08, 6:23 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Mother left three children a countrywide mortgage

You need a lawyer to assist you with probate. That is the only way to transfer property, and you should not be making payments for all this time without counsel and a probate case.

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Answered on 4/17/08, 11:11 pm


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