Legal Question in Real Estate Law in Iowa

I didn't make myself clear on a previous question, The property was inherited by the 4 sisters when their dad died. The probate of the will was closed/completed and then the propperty was sold to the nephew on contract. My wife and I want out because of non-payment, since one the the sisters is the Mom, I don't think there will be a total consensus to foreclose. As a co-owner on a mortgage contract, and the individual named on the contract is not paying as laid out in the contract. can my wife and I as co-owners foreclose on our portion of the contract? If how the property was inherited is important can i get an example of how that question can be answered? Thanks


Asked on 6/13/11, 11:38 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

If I understand this correctly 4 sisters inherited the property and sold it on contract to a nephew who is not not paying. Did the four sisters inherit this as joint tenants or tenants in common? Did the estate convey the property or did the four sisters convey their interests? How are the payments made? Unless you can separate your interests from the three other parties there's going to be no cause of action. If the other co-owners don't want to go along how are you going to foreclose on and collect on your quarter?

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Answered on 6/13/11, 5:28 pm


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