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Estate lawyer doesnt seem to do anything about house going to auction

Fort Lauderdale, FL |

My girlfriends grandfather passed away and left his house to her in his will. She is the executor of the estate. She found out he was behind in payments contacted bank to find out what to do but they said they couldnt give her loan number for mortgage. Just wanted her to make payments but wouldnt give any type of loan number. Were unable to find any information in the house. Now its up for auction is there no way to delay this? The house is in California

Attorney Answers 4


You need to engage a Californai lawyer experienced in foreclosure defense.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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You should consult with a California lawyer who is experienced in probate and real estate. There should have been at the very least a pleading filed called "A Suggestion of Death" so the court could appoint a guardian ad litem for the estate.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at

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I'm in agreement with the above postings. Additionally, you should consider whether or not there is any equity in the property. It is always important to do a cost benefit analysis prior to sinking an excess of money into a legal matter. I highly recommend a consultation, though, to help determine your position.

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If your girlfriend has documentation that she was appointed by the court as executor, the mortgage company cannot refuse to deal with her, although she may need the assistance of an attorney to get through the fog at the mortgage call center. These are people reading a script frrom a screen, who have no understanding of the law at all.

However, the first consideration is whether there is anything about this house that makes it worth the time and money to do to avoid foreclosure. What is the house worth and how much is owed ? To get a quick idea, try checking the land records to find the recorded mortgage. You can see how much it was when it was first given, and then you can at least get a general idea if the value of the house is less or more. While the mortgage amount now is likely to be different, at least this will give you a starting point. If the mortgage is recent and is much more than the value of the house, then it may well not be worth taking action.

Estate lawyers do not normally get involved in mortgage litigation. This is handled by a very specialized subset of attorneys. You need someone in the California county where the property is located to look at all this and then to assist you in deciding whether it makes sense for you to try to intervene.

If the mortgage company refused to give information to the duly appointed personal representative of the borrower's estate, that may be a sufficient basis to get an injunction to stop the foreclosure, to give her time to sort this out amd to decide what to do.

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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