My mother recently passed without a will. Her house is going into foreclosure 2/21/19, and I am trying to stop the foreclosure. I want to keep the house.
This Federal law will help you. The Garn-St. Germain Act of 1982 carves out several exceptions that prevent the servicer from exercising the Due-on-sale Clause. These include: “a transferby devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; [or]… a transfer to a relative resulting from the death of a borrower; [or]… a transfer where the spouse or children of the borrower become owner of the property; [or] a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property….”. But you must retain an experienced TN mortgage foreclosure defense attorney, or you risk losing the house. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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