Legal Question in Real Estate Law in New York
My mother in law is on the deed for her home, but not on the mortgage, and her husband passed away a year ago. She did not inform the bank, because she continued making the mortgage payments. She has since been served with a notice of foreclosure, and they are refusing to speak to her, since there wasn't a will. Does she own the house can she be foreclosed on, without any prior notice, what does she need to do
4 Answers from Attorneys
Depends how the deed reads. Have an attorney review same
The bank can't foreclose the mortgage until a personal representative is appointed for the estate. Your mother in law should consult an attorney. If she's been paying the mortgage, then there are no grounds for foreclosure (though that will not stop certain banks from changing the locks). So yes, she needs to speak with an attorney about how to shut this down.
Kevin J. Connolly
30-06 36th Avenue
Long Island City, NY 11106
give me a call to discuss directly. Tommy
516-314-1343
We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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