Updated about 9 years ago on . Most recent reply
Bad Situation
Ok BP this is an actual situation. So a family member gets sick and let her house which was bank owned with a mortgage get behind on her mortgage and utility bills to the point of potential foreclosure. Her sister stepped in and offered to take over the mortgage to catch it up along w/ utilities. She moved into the house while the sick sister stayed with other family. No paperwork is performed as pertaining to switching out names on mortgage/utilities it was just done out of sisterly love. The sister who originally had gotten sick died and afterwards the sister who had stepped into the house had caught up the mortgage/utilities and continued to live there paying everything as her own. Now 3yrs later, the son of the deceased sister who had power of attorney for his mother (she left no will just a supposed request on her death bed that the house be sold) wants to extract the equity out of the house. Over the 3 yrs the son never stepped into an landlord role ever. There were major/minor repairs that has taken place in the 3yrs (A/C unit was converted to central heat & air had to be rebuilt twice) among other things. My question is can the son extract equity out of the house? The neighborhood is being gentrified so property value is on the rise with every new build. As power of attorney, does he have any jurisdiction over this house that is owned by the bank? This is a situation that is happening right now so if anyone can share some knowledge and experience on this is greatly appreciated?
Most Popular Reply
IFY Power of Attorney ends with date the person died. He has no power now. Did deceased have a will. Who is direct next of Kin. Find this out and you'll know who you have to deal with.
Unless he is executor of estate. Did estate go through probate?
This is what you need to find out first.