Legal Question in Real Estate Law in Kentucky
Mortgaging a minor's property
When I was 14, a house that was in my name and that still is, was morgaged by my father. Come to find out, the mortgage wasn't legal. They cannot foreclose the house, or so we have been told, is there anything that my father can do to keep this bank from being able to do this again. Let me also add that my husband is active duty in the Army and that we are protected by the SCRA (Servicemember's Civil Relief Act). Also, my parents were not married at the time, and my mother had nothing to do with this, but when my father tried to sale the house, they said that her signature was required to give up my younger brothers' rights, who are still under age. Was this legal at all? Is there anything I can do to help my father?
Thank you for your time!
1 Answer from Attorneys
Re: Mortgaging a minor's property
Your questions are unclear. But, If you are an adult you may act on your dad's behalf, (to help him) if he authorizes you to do so, in a notarized Power of Attorney and other writings.
However, You need to clarify your info and questions; schedule a consultation with and attorney, ASAP; AND, be prepared with info concerninf the following: Does your father want to sell the house? Are there still minor children named on the Deed? What is the foreclosure action status? Are you over 21 now? What was the intention of the original Transferor? ie., is this "heirship" property? Where are the original docs (Will,etc) Why didn't your father repay the mortgage? What did he use the money for? What makes you think the "mortgage" is illegal? Who lives in and was responsible for maintaining the property (payment of taxes, mortgage & utilities? Is it income producing? Why did your mother refuse consent? Why does/did your mother have authority to consent? These and more questions and issues need be addressed, before you and your father can receive input in how you might resolve the current problems, concerning this property.
Good luck,
Phroska L. McAlister,ESQ
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